Shift Differentials and Overtime Pay
Some California employers pay what is called a shift differential to those employees who are willing to work certain shifts. This is usually a less desired shift, such as graveyard or weekends. While the law does not require shift differential payment it is very often part of a union negotiated contract. If you work as a Registered Nurse (RN), Licensed Vocational Nurse (LVN) or Certified Nurse Assistant (CNA), this is very likely part of your compensation package.
For our purposes the differential is important as it MUST be considered when calculating overtime. You can not be paid overtime, at time and a half your normal base pay, if you are working a specific shift where you also receive differential pay.
Shift differentials are separate from your regular rate of pay in several ways:
*Any SD pay is separate from regular base pay and only for shifts other than normal Monday – Friday shifts.
*There are currently no laws which REQUIRE the payment of a shift differential.
*It is your job to know what, if any, shift differential is owed to you. Generally it will be contracted as a percentage increase for defined shifts.
You can convert your percentage to a decimal to determine the SD pay rate. For example, if you get a 20 percent increase for hours between 10 pm and 6 am you would multiply your pay times 1.20 for any of those hours worked to determine the pay you should earn.
If you normally make $20 per hour, an eight hour shift on differential time would earn you $192 rather than $160 at your regular rate of pay. This has to be taken into consideration when calculating overtime as well.
As you can see, the laws can become very complex. That is why UELG is here for you; we can help you determine if you are being paid legally and help you collect if you have been shorted hard earned money.
We take all our cases on a contingency fee, so you will pay nothing unless we take on your case and get you a settlement. You can call today for a free and completely confidential review of your situation.
United Employees Law Group | San Diego- (619) 342-1242
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