Is it mandatory for a company to pay a night differential to employees working 10 pm – 6:30 am?

Asked on February 4, 2016 under Employment Labor Law, Hawaii

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Extra pay for working night shifts is a matter of agreement between the employer and the employee; there is no legal mandate to pay a higher rate for such work. Therefore, unless there exists an union agreement or employment contract to the contrary, an employer can pay the same for a night sift and it does for a day shift. The fact is that absent some form of actionable discrimination, a company can set the terms and conditions of employment much as it sees fit or deems necesary. For their part, an employee can either accept those terms or quit. This is what "at will" employment entails.


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