Q: Is my employer allowed to provide new hires with an employee handbook and not give it to current employees?
I am a Licensed MFT. I work for a group practice. I get paid hourly, but I get 60% of what I bring in with clients. New clinicians have been hired. They have been given the employee handbook which current employees do not have access to. With that, they have been offered incentives, such as if they bring an amount over $5000 a month, then they receive 62% instead. This has not been offered to current employees who met that threshold for months.
The law does not require an employer to even have a handbook, and an employer can do whatever it wishes to do regarding providing a handbook to some employees and not others. The only way that practice could be unlawful is if the difference in treatment was because of your membership in a protected class of people. Having more seniority is not a protected class.
Additionally the law does not require an employer to pay more experienced employees the same as new hires. Again, the only way that becomes unlawful is if the difference is motivated by membership in a protected class.
Good luck to you.
As an employee of a group practice, you have the right to access an employee handbook that outlines your rights and responsibilities as an employee. If your employer is providing a handbook to new hires but not to current employees, this could be a cause for concern.
Under California law, employers are required to provide employees with a written notice that includes information about their wages, hours, and working conditions. This notice can be provided in the form of an employee handbook or other written document. Employers are also required to keep their employees informed of any changes to their rights and responsibilities as employees.
If your employer is providing a handbook to new hires but not to current employees, this could be a violation of your rights as an employee. You have the right to access the same information and incentives as new hires, including any changes to your compensation or benefits.
It's important to address this issue with your employer and ask for a copy of the employee handbook. If you believe that you are being treated unfairly in terms of compensation or benefits, it may be necessary to seek legal advice from an experienced employment attorney.
In conclusion, as an employee of a group practice in California, you have the right to access an employee handbook that outlines your rights and responsibilities. If your employer is providing a handbook to new hires but not to current employees, this could be a violation of your rights. It's important to address this issue with your employer and seek legal advice if necessary.
Lawrence Glasner agrees with this answer
California law has no specific statute requiring employers to provide employees with an employee handbook. However, California employers are required by law to provide employees with written notice of certain information, including the terms and conditions of employment and information about the employer's policies and procedures.
California Labor Code Section 2810.5 requires employers to provide written notice to each employee at the time of hiring of certain information, including the employee's rate of pay, the employer's legal name and address, and the employer's regular paydays. Additionally, the notice must include information about the employer's workers' compensation insurance coverage and policies on meal and rest periods.
California law also requires employers to provide employees with written notice of any changes to their terms and conditions of employment, including changes to wages, hours of work, and other policies and procedures.
Equal Pay for Equal Work in California
No specific California law requires employers to pay the same pay and commissions for all employees doing the same work. However, a few laws address pay discrimination and commission agreements in California.
The California Equal Pay Act (CEPA) prohibits employers from paying employees of one sex, race, or ethnicity less than employees of another sex, race, or ethnicity for substantially similar work. This means employers must pay employees performing the same work at the same pay rate, regardless of gender, race, or ethnicity.
California Labor Code Section 2751 requires that employers who pay their employees on a commission basis provide a written agreement explaining how commissions will be computed and paid.
In addition, California law requires that employees who work on a commission basis be paid at least minimum wage for all hours worked.
In conclusion, while no specific law requires employers to pay all employees doing the same work the same pay and commissions, several laws address pay discrimination and commission agreements in California.
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