I accept

WorldatWork uses cookies to enhance your experience on the website.
By continuing to use the website, you are agreeing to the use of cookies.

View Privacy Policy Learn more about cookies


Compensation  >>   Shift Differential for Exempt Employees Search Discussion Posts
Discussions Help
Sort By: Oldest posts first Most recent posts first

Shift Differential for Exempt Employees  
Posted: 02/22/2010 08:48am   324 Views

We have a policy whereby we pay a shift differential for employees who work the off shifts; the differential is generally 10%  and the employees are non-exempt .  A new situation has arisen in that an exempt employee is being asked to work an off shift.  Are we required to pay a differential to the exempt employee?


Shift Differential for Exempt Employees  
Posted: 02/22/2010 08:58am   Revised: 02/22/2010 11:59am  

No, you are not required by federal law to provide a shift differential to exempt employees. Many companies would, however, if they provided one to non-exempt employees (especially if they worked together on the off shift) and to recognize the negative effects shift work has on employees and their families. There is no legal requirement that I know of to pay a shift differential to non-exempt employees.

Call a few companies in your industry to see how they would handle it. Some companies pay different shift premiums for the two off shifts. I belive the midnight shift is more difficult than the afternoon shift, in terms of impacts on your health, getting used to it, and having normal familiy and social life.

Here's a whole website devoted to shift work: http://shift-work.com/shift-schedule-issues/shift-schedules/

Search on shift premiums here for previous discussions.


Shift Differential for Exempt Employees  
Posted: 02/22/2010 08:58am  
   (1 rating)

IMO - No.  That is part of them being exempt.  They should work when the work is required of them.  In fact, you will want to check with your dept of labor, but I do not see anywhere that differentials are required for even non-exempt employees.


Shift Differential for Exempt Employees  
Posted: 02/22/2010 11:52am  
   (1 rating)

Shift Differentials are not required for exempt employees.  On a side note, are you certain that this job is properly classified as exempt?  It is unusual for an exempt employee to request a "shift differential" so I would validate the job and ensure that his job duties have not changed since this job was classified as exempt. 

I am located in a litigious state so I am always looking for a potential issues as it relates to wage & hour compliance.

Top Contributors