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Employee Classifications
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Employee Classifications
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
We currently have three classifications of employees, full-time exempt, full-time non-exempt and part-time. Full-time employees get 100% benefits. Part-time get 50% benefits for 20 to 30 hours week.
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Forums » Topic Forums » Legal Forum » Employee Classifications
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Employee Classifications
posted at 8/6/1999 6:38 PM EDT
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Posts: 2
First: 8/3/1999 Last: 8/6/1999 |
We currently have three classifications of employees, full-time exempt, full-time non-exempt and part-time. Full-time employees get 100% benefits. Part-time get 50% benefits for 20 to 30 hours week.
We wish to add another classification, "casual", which will work less than 20 hours per week and receive no benefits. The "casual" classification will apply to a few specific jobs. Our goal is flexibility for the employee and the company. Our concern is the multiple classification will expose the company to questions of discrimination from employees unhappy with their job classification. Are multiple job classifications practical from a legal standpoint? What actions will help protect the company against questions of discrimination on the classification of a specific job? |
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Employee Classifications
posted at 8/11/1999 6:32 PM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
Assuming that your classifications are othewise lawful (i.e., assuming no ERISA, FLSA, state law, etc. issues), the "questions of discrimination" you raise could arise out of who you assign to the various job classifications. Assume, for example, employees X and Y want the same job classification, but there is only one open position in that classification. You give the desired position to employee X. Employee Y can no claim that s/he was denied that position based on a protected characteristic. Such a theory would have much in common with an allegation of failure to promote for discriminatory reasons. Variations abound: a group of employees could join together and claim your company had a pattern or practice of giving out favorable job classifications for discriminatory reasons, or that your selection process had an adverse impact. |
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