My question involves labor and employment law for the state of: ny
hello every one,
i am a nurse and in the institution where i am currently employed, we have three work schedules, day shift, evening shift and night shift. evening and night shift get shift differentials. my regular shift is day shift. plenty of times i was requested by my employer, and have agreed to work overtimes, evening and night shift both. several months ago i found out that i was not being compensated for shift differentials. my employer told me that i am not entitled to it because i was hired to work the day shift. i am only entitled to 1 1/2 of my regular compensation. on the other hand if an evening nurse or night nurse work the day shift overtime, they get 1 1/2 of their regular compensation rate which includes shift differentials. any time i work off shifts, i don't get any differentials. i asked my union rep. who is in agreement with my employer. however he told me that he will refer the matter to union lawyer to cover all the basis. i have not heard anything from him since.
there is a clause in my union contract that says an employee who work on their off shifts on temporary manner, shift differentials will be prorated.