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JB Umphrey
JB Umphrey, Attorney
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In the state of Virginia, are employers required to pay shift

Resolved Question:

In the state of Virginia, are employers required to pay shift differential for those working 24 hour shifts? Also, when you leave a job, are they required to pay out the sick and vacation time you've accrued?
Submitted: 6 years ago.
Category: Legal
Expert:  JB Umphrey replied 6 years ago.

JB Umphrey :

Thank you for using JustAnswer!

JB Umphrey :

Can you please clarify what you mean by "shift differential" as you use that phrase?

JB Umphrey :

Does the employee belong to a union?

JB Umphrey :

Do the employees have written employment agreements/contracts with the employer concerning rates of pay, hours, and payout of sick/vacation time?

JACUSTOMER-un6fq7mq- :

by shift differential, I mean a stipend for working overnight or on weekends, like nurses get. Also as far as an employee agreement, I don't remember signing anything like that.

JB Umphrey :

Okay, one moment, please.

JB Umphrey :

Do you belong to a union?

JACUSTOMER-un6fq7mq- :

no, I don't belong to a union

JB Umphrey :

Okay, then, under such circumstances, the employer has no/zero legal obligation to pay a shift differential. The employer only has to make sure that the employees are paid at least the minimum wage.

JB Umphrey :

Also, the employer has no/zero legal obligation to pay out sick/vacation time upon one's termination from employment.

JB Umphrey :

Things could/would be different if the employer had a written contract with the employees agreeing to pay a shift differential.

JB Umphrey :

Things could/would be different if the employer had a written contract with the employees agreeing to pay out unused sick/vacation time at the time of separation.

JB Umphrey :

However, when such a written agreement does not exist, the law does not compel it to happen.

JB Umphrey :

Good luck and best wishes for better days ahead. I hope that you found this information to be helpful and this answer to be ACCEPTable!

JACUSTOMER-un6fq7mq- :

thank you!

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