If I work as an overnight RN and get a night differential of $4/hr but when I take vacation my vacation pay does not include the $4, is that legal?

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If I work as an overnight RN and get a night differential of $4/hr but when I take vacation my vacation pay does not include the $4, is that legal?

Asked on August 22, 2019 under Employment Labor Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

It is completely legal. First, there is no legal right to a night or shift differential: the employer may choose to give you one, but it is not actually required to do so; they can chose to not pay it, either at all in the future or in certain circumstances (such as when on vacation). Second, when you are on vacation you are not actually working at night, and so are entitled to any night shift differential which they might otherwise choose to pay. Vacation pay is only base pay: no shift differentials, no overtime, etc.


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