Is this legal?

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Is this legal?

I work in a restaurant and have had the same working hours for 4 1/2 years. New owners have taken over and the manager has friends working for the restaurant. One went on maternity leave and couldn’t pay for her insurance so the restaurant owners paid it for her while she was off which shouldn’t be my problem. Now that she’s back, the manager told me that she wasn’t covering her hours to make enough money to pay the insurance back to the owners and changed my hours to compensate her to make more money. Other new waitresses who are the manager’s friends are receiving better shifts and hours my hours and shifts I had prior to them being hired is this legal?

Asked on October 20, 2019 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

The fact is that employment discrimination is legal unless it is based on a worker's race, religion, gender, disability, age (40 and over), or nationality. Accordingly, favoring a family friend over a co-worker is perfectly permissable unless such treatment violates the terms of any employment contract or union agreement that you may have. Bottom line, in this situation your employer is free to set the conditions of the workplace much as it sees fit.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

The fact is that employment discrimination is legal unless it is based on a worker's race, religion, gender, disability, age (40 and over), or nationality. Accordingly, favoring a family friend over a co-worker is perfectly permissable unless such treatment violates the terms of any employment contract or union agreement that you may have. Bottom line, in this situation your employer is free to set the conditions of the workplace much as it sees fit.


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