Will I be eligible for a shift differential pay if I work 3rd continuously?

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Will I be eligible for a shift differential pay if I work 3rd continuously?

I have been continuously working the 3rd shift in a company for more than a year as a full-time employee. I was wondering if I would be eligible for a shift differential pay? In CA.

Asked on March 8, 2019 under Employment Labor Law, California

Answers:

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

Answered 3 years ago | Contributor

Unless shift differential pay is mandated under the terms of an employment contract or union agreement, it is not legally required to be given. The fact is that most work relationships are "at will". This means that absent some form of actionable discrimination, a company or business can set the conditions of employment much as it sees fit.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no legal right to shift differential pay: an employer may legally pay 3rd shift employees the same as 1st or 2nd shift. Many companies voluntarily choose to pay 3rd shift employees more, but your company does not have to do so.


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