Is it fair that my branch has to work holidays with regular pay, while other branches are closed and still get “holiday” pay?

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Is it fair that my branch has to work holidays with regular pay, while other branches are closed and still get “holiday” pay?

I work for a small credit union that has 4 branches.

Asked on October 4, 2010 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there is no employment contract (including a union agreement) covering your branch or  position(s), then your employer is pretty much free to set different work rules, hours, compensation, etc. for different branches--it may not be fair but it is legal. You only recourse would  be if you could show that the discrepancy is due to illegal discrimation; for example, if your branch is heavily African American (or Hispanic, or Asian, etc.) and the other branches are not, and the pay discrepancy is due to discrimination against a protected group or category. The categories protected under federal law are race, sex, religion, disability, and age over 40. However, again, without a contract or discrimination, employees can treat different offices or personnel differently.


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