What to do if one employee is required to be on-call on Sundays but another employee with the same job title is not required to be on-call?

UPDATED: Jun 4, 2012

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What to do if one employee is required to be on-call on Sundays but another employee with the same job title is not required to be on-call?

To sum up, I am forced to work 6 days a week (no extra pay the other employee is only required to work 5 days. Is that legal?

Asked on June 4, 2012 under Employment Labor Law, Maryland


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

Answered 10 years ago | Contributor

I'm afraid that based on the facts that you have presented, it appears that this case does not constitue a violation of the law. As a general rule, employees do not have to be treated equally or even fairly. It is perfectly permissible to give one employee more favorable treatment than another, so long as such treatment does not violate a company policy, an employment contract, or a union agreement. Further, such differing treatment must not be the result of actionable  discrimination. So, if you were given less favorable treatment due to your status in a legally protected class, that would be against the law.

Note: A "protected class" is one based on a person's inclusion in a group due to factors of race, religion, gender, age, disability, sexual orientation, national origin, etc.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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