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Questions about Employee Perks Programs

Employment perks are considered by most people to be fringe benefits offered by an employer for those who are doing an exceptional job or those employees who have seniority within the company. There are times when some employees are offered employment perks while others are not and this can lead to legal questions about employee rights with regard to the company’s perks program. Employment Lawyers on JustAnswer can answer any questions that you may have regarding employee perks programs and laws related to perks. Below are five of the top questions about perks answered by the Experts.

In California, can an employer cut an employee’s perks without notice?

Without a contract stating that the employer cannot cut an employee’s perks, the employer would normally have the right to change any perks or fringe benefit as they see fit. This means that the employer can decide how future vacation time will be earned and can usually reduce compensation plans if they want to. However, California law requires an employer to reimburse an employee for any expense - such as fuel expense - that is necessarily incurred as a result of employment.

Can an employer offer new employees perks when they do not offer the perks to older employees?

An employer can determine which employees receive company perks as long as the decision isn’t based on race, sex, age, religion, or disability bias or discrimination. Inequities seem to be common between senior and junior employees, especially in the corporate world. When it is hard to find qualified help, many companies offer new employees company stock options, larger salaries and many other perks. Usually, this means that senior employees will not be a part of the perks plan simply because they are not eligible. Generally, many employers try to buffer the difference by offering some form of token payment to senior employees, and offer to fix the future.

Is it legal for an employer to offer employment perks to upper management only?

The employer can decide which employee(s) will or will not receive bonus pay or other benefits from the company perks plan. As long as the employer’s decision isn’t based on bias or discrimination related to race, gender, age, religion, or disability, they would be within the rights to decide on all aspects of the employee perks plan. Offering company perks to upper management only is legal as long as the employer does not violate any employee discrimination laws.

Can an employer force employees to take vacation time?

Your employer can usually tell you when you can or cannot take your vacation time, or force you to use your vacation time to cover personal time off. Paid vacation and personal time off (PTO) are perks and are not regulated by law. The Fair Labor Standards Act regulates wages and overtime but it does not require that an employer pay for any time that has not been worked. This includes an employee’s vacation time, whether it is forced or not.

Is a company within their rights to change an employee’s benefit package after telling them there would not be any changes made?

Benefits are considered a job perk and an employer is generally not required by law to offer any perks to employees. This means that an employer can change employee benefits or even remove the benefits altogether, at any time that they wish. However, if an employer has a contract with an employee and that contract states that the employee’ benefits package will never change, the employer could be in breach of contract.

Whether you are an employee wanting to know about employee perks or an employer who wants to know the best approach to offering your employees extra job related perks, Employment Lawyers on JustAnswer can answer any legal question that you have.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
8 Employment Lawyers are Online Now

How JustAnswer Works:

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    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Perks Questions

  • If an employee has barely started working in a job where he

    If an employee has barely started working in a job where he will be exposed to money, and then he gets let go all of a sudden a little while after he spoke the following to his supervisor:
    "Since I believe false accusations of taking money happens all too often in jobs where one is exposed to money, what can I do to ensure that I am in compliance with your cash handling policy? Please write down for me what I need to know and do here. If you cannot do that, then who can, because I feel vulnerable and need help?"
    Can the employer get sued for letting the employee go just because the employee asked this question to protect himself? Can the employer get sued for getting suspicious just because the employee asked a serious question? However, would filing a lawsuit also make it more difficult for the employee to find work in the future since an employer will probably not want to hire him if he has filed a lawsuit against an employer in the past?
    Thank you.
  • This statement is verbatim from the Mississippi military department

    This statement is verbatim from the Mississippi military department employes handbook. ( a veteran status of an applicant may increase the numerical rating of the applicant. A copy of employees DD 214 is required as proof of military service.
    A total of 5 points will be added for veterans status. A total of 5 points will be added for disable veteran status. Current documentation showing percentage of disability must be included. These points will be added to the final points awarded by the president of the hiring board only and are based on a 100 point scale. Points will be prorated to 3.75 for each of the above ranges when a selection board is comprised of a 3 board members). My question is they awarded the veteran employees 5 points and the board was comprised of 3 members panel and it was on a 75 point scale. I'm i interputing this wrong or should they have recieved 3.75 points and what should I do if the points were wrongly given.
  • My original manager left before she coud preform my 90 day

    My original manager left before she coud preform my 90 day review. The new manager of only 2 weeks gave me a degrading, horrible review and said that she was going to add on a 60 day probationary period. I have spoken with my original manager and she says the new manager is lying, she does not like me. The allogations that the new manager is accusing me of have no merrit and I have documentation that the actions of allegations never took place. I was uncomfortable signing the review and told the manager this. She said you are only signing that we had a review and I went over some stuff. I want to go to HR and discuss the lack of follow up on the accusations that my manager has stated in review and show my proof( a fellow emplyee will stake claim to what happened). Can I also go to HR and say I want to add on review that I signed under duress?
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