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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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I need to find out if a company can give all its employees

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I need to find out if a company can give all it's employees with the exception of three men a cost of living raise The reason given was that they had too many points against them
Regina Duarte

Good afternoon and thank you for entrusting me to answer your question. I will do everything I can to assist you.

Yes, this is entirely legal. Employers retain tremendous discretion to determine the wages paid to their employees. Generally speaking, the only limitation on an employer's ability to set pay levels is that they may not distinguish between employees on the basis of a "protected trait," in which case the adversely affected employees may have a claim for unlawful discrimination.

"Protect traits" in California consist exclusively of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation.

So, for example, it would be illegal to give a raise only to male employees, or employees of a particular religious affiliation. However, it is perfectly legal to base the decision to give a raise on the existence or absence of "points" on their employment record. That is not a protected trait and so can form the basis for any sort of employment action you desire.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
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