Company/Legality question...

dxkj

Lifer
Feb 17, 2001
11,772
2
81
I may be moving from the day shift to the night shift at my company and it is standard that people get shift differential for that (like 1.13 an hour). My boss told me that because I already make more than the other guys at night they would not be paying me shift differential... can they do that? They really want to keep me around (both times Ive put in my two weeks notice, theyve worked with me and given me a better offer)....

I suppose they could always say my pay rate is lower, and that with shift differential my pay statys the same, but that was not how it was addressed.
 

EagleKeeper

Discussion Club Moderator<br>Elite Member
Staff member
Oct 30, 2000
42,589
5
0
They do not have to pay you a shift difference.
 

dxkj

Lifer
Feb 17, 2001
11,772
2
81
Originally posted by: EagleKeeper
They do not have to pay you a shift difference.

Even if they pay everyone else it? Doesnt seem like equal treatement.
 

DOSfan

Senior member
Sep 19, 2003
522
0
0
I do not know about the State Labor laws where you live, but in New York there is no such thing as "equal treatment."

Unless you can prove that the "un-equal treatment" is due to race, religion, age, handicap, etc., the company is free to do as they please. Regardless of "fairness."

Had an inspector (Labor Board) tell me that all states were going that way, and that it was for the employees protection no less.

And how much more are you making? I mean if you are getting $30/hour, and the highest night shifter is only making $18/hour with differential, then quit you're bitchin.
 

mugs

Lifer
Apr 29, 2003
48,920
46
91
Originally posted by: dxkj
Originally posted by: EagleKeeper
They do not have to pay you a shift difference.

Even if they pay everyone else it? Doesnt seem like equal treatement.

1. How many employees does your company have?
2. Do you have an employee handbook?
3. What does it say about the shift differential?