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PTO - Same Company - Different States
I am employed by a company that has several locations, spread across many different states. And I'm aware that different states have different laws regarding PTO, Vacation, and Sick Leave and, that there are some states that do have any laws at all regarding these issues.
My question is this. Can an employer adopt different rules, for employees of the same class (i.e., hold the same position within the company, or perform like duties), but reside in different states? In other words, if one state has stringent labor laws, which say, for instance, "PTO and Sick Leave must be two (2) distinct benefits" or, that a PTO "Use-It-Or-Lose-It" policy is banned in that state (both of which, are clearly more beneficial to the employee), must the employer offer these benefits in the same manner to all of their employees, regardless of which state the employee is located in?
What I have found when searching the web for an answer to this question (on a site that is only a forum on labor law), is that "If an employer is bound by state law, to offer these benefits in a certain fashion to employees in that state and, the manner in which they are administered is more lucrative to the employee, it could be considered to be a form of discrimination to not administer these benefits in the same manner to its employees located in different states."
So, the bottom line is, for example, if I live and work in a state which does NOT have a ban on the "Use-It-Or-Lose-It" as it pertains to accrued PTO (vacation) time, but other employees are protected by such a ban, am I not, in essence, being discriminated against because of where I choose to live?
Any insight someone may have regarding a situation such as this or can point me in the direction where I might find some rule of law that directs how employers are (or are not) required to implement these benefits, equally among all employees, will be greatly appreciated.
My question is this. Can an employer adopt different rules, for employees of the same class (i.e., hold the same position within the company, or perform like duties), but reside in different states? In other words, if one state has stringent labor laws, which say, for instance, "PTO and Sick Leave must be two (2) distinct benefits" or, that a PTO "Use-It-Or-Lose-It" policy is banned in that state (both of which, are clearly more beneficial to the employee), must the employer offer these benefits in the same manner to all of their employees, regardless of which state the employee is located in?
What I have found when searching the web for an answer to this question (on a site that is only a forum on labor law), is that "If an employer is bound by state law, to offer these benefits in a certain fashion to employees in that state and, the manner in which they are administered is more lucrative to the employee, it could be considered to be a form of discrimination to not administer these benefits in the same manner to its employees located in different states."
So, the bottom line is, for example, if I live and work in a state which does NOT have a ban on the "Use-It-Or-Lose-It" as it pertains to accrued PTO (vacation) time, but other employees are protected by such a ban, am I not, in essence, being discriminated against because of where I choose to live?
Any insight someone may have regarding a situation such as this or can point me in the direction where I might find some rule of law that directs how employers are (or are not) required to implement these benefits, equally among all employees, will be greatly appreciated.
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