What is the law regarding shift differential pay?

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What is the law regarding shift differential pay?

I have recently applied for a third shift position with a new company. I was offered 24 a 20 shift differential but the position was filled internally. I was then offered 22 to start on day shift which I accepted. Then 2 months in, a position opened and I asked to move to night shift. My supervisor stated that I could only move to 3rd shift if I declined a shift differential. I chose to accept the position but it seemed odd to me. Upon arrival to the third shift team, I found out that i’m the only person not

receiving a shift differential. Is this legal? When I asked HR about this, they stated that they only had to pay shift differential if it was negotiated but that it’s not part of the official company policy/handbook.

Asked on May 13, 2018 under Employment Labor Law, Ohio

Answers:

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

Answered 3 years ago | Contributor

Whether or not to pay a shift differential is up to a company absent an employment/union agreement to the contrary or unless not paying it would in some way constitute some form of legally actionable discrimination. In other words, is your not getting this pay due to your race, religion, gender, age (over 40), disability nationality, etc. If not, then you have no claim here. The fact is that not all workers need be treated the same or even fairly (subject to the above exceptions).


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