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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5276
Experience:  Extensive experience representing employees and management
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I have one professional employee who has worked for me for

Resolved Question:

I have one professional employee who has worked for me for 8 years and is part time 30 hours a week and fully benefited with medical,PTO,IRA.

Another professional FT salaried, employee has asked to move into the same classification who has worked with me less than a year. He wants the full benefits and ability to work another job 10-15 hours weekly, with a higher hourly rate. (What a deal..!) He has expressed the willingness to be flexed off if needed when/if we get slow which happens end of Q4 and most of Q1.

Problem is obvious: I pay for benefits, and he capitalizes on it as well as ability to double dip etc.
Additionally if this gets out, and it always does, the rest of my more senior professional staff would likely choose this and or get very irritated they were not approached with this opportunity.

Q.1
Can I offer 30-32 hours wkly and reduce benefit package for second employee..?
Ex. Just paying medical, IRA only


Q.2
Is there any precedent that states if one employee has 30 hr week with benefits then we must offer to other employees..?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello,

I'm sorry to hear about your situation and hope I can help.

My name is XXXXX XXXXX my goal is to provide you with excellent service today.


1) Yes, as an at-will employer, you are free to offer whatever package you see fit to this employee, and are definitely under no obligation to cave into his demands, especially since that would be giving him the opportunity for double dipping.

2) No, there is absolutely no precedent that if you have one 20 hour a week employee benefits that you must offer these benefits to other employees.

As long as you are not discriminating against employees due to a protected characteristic (e.g. denying benefits to all non white male employees due to them not being white males) you are under no obligation to treat similarly situated employees the same in regards XXXXX XXXXX

As an at-will employer, you can decide to give benefits to certain employees and not to others based on any reason whatsoever.

The only exception to this is that with health care benefits, if you give health benefits to one employee who does exactly the same job as another employee, you would be obligated to give benefits to the other employee. However, this is only if the employees are in the same 'classification' and there is always a way to distinguish employees into different classifications based on many different factors, such as experience level, duration of service with the company, etc.

See here for more information:

http://www.shrm.org/templatestools/hrqa/pages/offeringdifferentbenefitsfordifferentemployees.aspx

Or, here (first link) if the above doesn't work (requests you to sign in):

https://www.google.com/search?q=health+benefits+employees+in+same+classification&oq=health+benefits+employees+in+same+classification&aqs=chrome..69i57.12610j0&sourceid=chrome&ie=UTF-8


I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Joseph, Lawyer
Satisfied Customers: 5276
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
How would you suggest we document or word this in our policy and procedure manual..?
Expert:  Joseph replied 1 year ago.
It isn't really necessary to document or word this in any policy or procedure manual, since you are acting in accord with your legal responsibilities.

I also cannot really advise you what to put in your policy and procedure manual, since that would constitute legal representation not legal information.

If you do want to include something in your policy and procedure manual, a simple statement saying that medical (and other benefits) are not generally provided by the employer (or are only provided to employees with a certain number of years of service) would be more than sufficient to prevent employees from wrongfully expecting that they will receive benefits.


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