Special pay for working Sundays

My wife works for a bank that is normally open Mon-Sat. The bank has just expanded operation days to include Sunday. The bank will only be open 4 hours, but Sunday workers will receive 8 hours worth of pay as compensation for the Sunday work. My wife is on partial disability, she can work no more than 6 hours a day. She has been told that when she works Sunday she will only get paid for hours worked and not the extra compensation like the other Sunday workers. Is this legal because she is on partial disability?

Asked on April 1, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, based on what you write, this does not appear to be legal. IF the bank were open 8 hours Sunday and she could only work 6, they'd only have to pay her for the hours worked; but that is not this situation. Here, they are paying double the normal rate for Sunday work. For whatever hours your wife works Sunday, she should be paid at the same double rate as other employees; otherwise, the bank is likely committing illegal disability-based discrimination, and your wife may have a claim against them to pursue with the federal EEOC or your state's equal/civil rights agency.


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