Can my employer refuse to pay retro pay?

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Can my employer refuse to pay retro pay?

I work in a union position and the union and employer have a contentious relationship. This has led to union contracts expiring and taking months to years to be renegotiated. Once the new contract is negotiated, it is backdated and considered to be active beginning the day after the previous contract expires. This has led to employees receiving retro pay of the difference between the new pay rate and the old pay rate for the time which the contract was being negotiated. However, in the past, employees who left during the negotiation period were not paid this retro pay even if they worked for months or years during the negotiations. Is this legal?

Asked on February 12, 2018 under Employment Labor Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You write that "Once the new contract is negotiated, it is backdated and considered to be active beginning the day after the previous contract expires." If you leave before the new contract is negotiate you are not a party to it, and therefore it is not backdated as to you and you are not entitled to retro pay.


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