Shift Differentials

[rorojen]

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.
thank you

[jk]

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.

have you shown that section to your union rep?

[rorojen]

i have mention it to him and was in agreement with my employer

i am new to this and i am not really quick to post a reply

i apologize for my being too slow to respond

[cbg]

Shift differentials are not required by law so your recourse for this is going to be through your union. If they are not honoring your union contract your rep should be able to help you.

[rorojen]

thank you. i will get the attention of my union rep. again.