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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
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Experience:  20+ Years of Employment Law Experience
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Thank you. Another question relating to that is if we pay

Resolved Question:

Thank you. Another question relating to that is if we pay it to one employee for working the night shift do we have to pay it to all?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question and for asking for me. I look forward to working with you again.

Under FL law, shift differential is not ever required and with at will employees the employer is free to negotiate pay separately with each employee. Thus, you do not HAVE to pay it to all, but you SHOULD pay it to all because not doing so can give rise to complaints of unlawful discrimination if you treat this one employee different than the other employees who happen to be of a different age/race/sex/national origin etc. While you might be able to win any case brought against you, I am afraid you would still incur legal fees in defending such a case.

Generally, you can however negotiate to pay one employee more for working at night than you pay everyone else, just be careful and be aware that if the other employees file a complaint you have to prove it had nothing to do with age/race/sex/national origin etc.





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Customer: replied 1 year ago.

Can you give me the proof I can give our agent? They are saying if we pay to one we must pay to all. The agent is here right now.

Expert:  Law Educator, Esq. replied 1 year ago.
The agent is telling you this for the same reason I said it above, you can quickly get into a bind with employee complaints if you do not.

However, I cannot provide you a statute that does not exist and there is no statute stating that you have to pay all employees the same pay in FL under their at will scheme. You just have to prove you are not treating the other employees differently based on their age/race/sex/national origin etc and as an at will employer you are free to negotiate your payment with each employee.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 88626
Experience: 20+ Years of Employment Law Experience
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