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Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 41604
Experience:  30 years in Employment law
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Since 2012 my employer has paid a shift differential on

Customer Question

Since 2012 my employer has paid a shift differential on vacation and holidays (I work 2nd shift). This year starting in April, some holidays were paid with the differential, some were not, some vacation days were paid with the differential, others were not. I know they can change policy as they see fit, but can they do this week to week with out notifying the 2nd shift employee?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

Here you should file a wage complaint with the DOL--Department of Labor.You may well be due funds here if they applied their wage policy inconsistently or sporadically.The DOL will investigate and you may be due back pay and employer maybe fined.

File here.

I appreciate the chance to help you tonight.Please let me know if you have more followup.Thanks again.

Customer: replied 1 year ago.
I know I can file a complaint with the DOL - what I need to know is can they apply the wage policy sporadically, or must it be formally announced to those who it will effect, announced in advance, can they recoup what they already paid if as they claim they never paid the differential on holiday and vacation PTO?
Expert:  Ray replied 1 year ago.

I don't think they can apply it inconsistently or sporadically.They need a consistent written policy and consistent application.They do not appear to have done that.File your complaint and have them review all the employees here and their pay.They might find a lot of irregularities in all of this.

Thanks again.