Does an employer have to use the same measurement and stability periods for all employees?

Author: Brian G. Muse, LeClairRyan

No. An employer may establish measurement and stability periods that differ in length or in their starting and ending dates for different categories of employees, including:

  • Salaried and hourly employees;
  • Collectively bargained and noncollectively bargained employees;
  • Each group of collectively bargained employees covered by a separate collective bargaining agreement; and
  • Employees located in different states.

The periods established within the categories must be applied uniformly to all employees within a category.