Would it be considered discrimination to force a group of salaried employees to “punch” a time clock while no other salaried employee has to do the same?

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Would it be considered discrimination to force a group of salaried employees to “punch” a time clock while no other salaried employee has to do the same?

Myself and several co-workers are being required to “punch” a time clock to track hours, which is perfectly fine and legal. However, no other salary employee has to do the same and no one is under any contract agreement that I am aware of at least.

Asked on December 22, 2011 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Most "discrimination" is perfectly legal--that is, a company can treat one employee or group of employees differently than other employees for any reason that is not specifically made illegal. And only a few forms of discrimination have been made illegal: the main ones, under federal law, are age (over 40), sex, race, religion, and disability-based discrimination. (Some states add additional protected categories, like sexual orientation or national origin.) If the differential treatment is not based on some prohibited form of discrimination, it should be legal.


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