If I work nights do iIqualify for a shift differential in pay?

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If I work nights do iIqualify for a shift differential in pay?

Asked on October 22, 2010 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no law requiring shift differential pay: under the law, a company does not need to pay someone any more for  working night or graveyard shifts, weekends, holidays, etc. than for the regular 9 - 5, Monday to Friday shift. The only legal obligation to pay more is to pay overtime--time and a half--to nonexempt workers who work more than 40 hours in a workweek.

If your company has a  shift differential policy, they'd have to pay you in accordance with that policy--they can't necessarily discriminate against on particular employee in paying it; he or she needs to be treated like other employees. But that's only if your company has voluntarily put a shift differential policy in place and if you qualify for it given the job, your hours, your location, etc.


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