Sec. 202. Elimination of discrimination on the basis of hours worked
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/bill/116/hr/5991/ih/section-202A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An employer shall not discriminate against an employee on the basis that such employee is scheduled to work fewer hours per week, or is employed for a shorter expected duration, than another employee of the employer if the jobs of such employees require substantially equal skill, effort, responsibility, and duties and such jobs are performed under similar working conditions. Discrimination described in paragraph
(1)shall include differential treatment with respect to— rate of compensation; notice of, and input into, work hours; eligibility to accrue, on a pro rata basis, employer-provided paid and unpaid time off and other benefits; promotion opportunities; or other terms, conditions, or privileges of employment. This section shall not be construed to prohibit differences in rate of compensation, or other conditions, terms, or privileges of employment, of employees of an employer for reasons other than the number of hours the employees are scheduled to work per week, or the expected duration of employment of the employees, including for reasons such as— the date on which the employees are hired; a merit system; or a system that measures earnings by quantity per hour or quality of production.