Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.

D
Lv 4
D asked in Politics & GovernmentLaw & Ethics · 1 decade ago

Is it discriminatory for an employer to pay some workers overtime and not others?

Two employees that I am aware of where I work get paid as part of their regular salary 1 hour of OT pay per day. I am unable to obtain OT pay unless I receive preapproval, although we all hold the same job title and are considered equals. Is that discrimination?

Update:

Interesting responses; I truly believe it is discrimation: new owners took over the same business; some employees retained, some let go; what was supposed be in place prior was to happen here - private deals, etc. I think it's aggregious behavior.

Update 2:

It was told to me by one of the new owners that agreed to this due to their length of time with the prior owner. I have written documentation that as of June 1, it is a new company and all individuals were considered new hires. I was also told that they wanted no changes and for the business to continue as it had been. What is stated in their written policy and what is going on are two different things.

4 Answers

Relevance
  • Kaz H
    Lv 5
    1 decade ago

    Unfair, yes. Illegal, no, unless they are not working the 1 hr OT per day and still receiving additional funds. Employers have the right to designate who does OT and who does not. Especially in this economic slump, you should feel lucky that you still have a job. Good luck.

  • wizjp
    Lv 7
    1 decade ago

    Employers decide who to pay overtime to and who they choose not to allow to work overtime.

    May have been a deal on condition of employment. Might just like their work better.

    Unless you can prove it is Sex, age or race related, it is not discriminatory; and tossing that idea around may well get you fired.

    Discrimination is not illegal. Discrimination based on EEOC guidelines is. What you think is irrelevant. What can you prove?

  • I always thought if you work over 40 hours, that employers MUST pay OT by law. But I could be wrong.

  • In most cases, overtime must be approved by your supervisor, unless stipulated in your employee hand book, or contract.

Still have questions? Get your answers by asking now.