Question:

Do I get a differential working graveyard?

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So my co-worker is leaving for 3 months maybe more and im covering for her. I asked my manager if I would get a differential for now until she comes back and he said no. Is that legal? I mean if I were to work graveyard for a week it would be ok but 3 months is long. What should I do?

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4 ANSWERS


  1. It depends on the laws of your state.

    Are you exempt or non exempt?


  2. There is no law requiring a shift differential - that's a policy that each employer can decide.

  3. in the US shift differentials are an employer decision there is no law that requires different pay for different shifts. if you are covered by a collective bargaining agreement or are under contract then that agreement would take precedence.

  4. It depends on your state and your company policies.   You can learn more about your rights under federal law by visiting: www.dol.gov/esa/whd and state laws at: www.firstgov.gov.

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