I am paid one hourly wage for 'day' work and another for 'overnight' work. The problem is that I work many different shifts (e.g. 4pm to 4am or 11pm to 7am, etc.) and until recently have not been given any clarification or consistent application of what constitutes 'overnight' and what constitutes 'day.' My boss has finally decided that if I leave before 2am it is 'day' and after is 'overnight' but told me that this is subject to change at his discretion without notice.
Can he tell me I'm getting a specific per hour wage, then change it without notice? So in his mind I can work all this week thinking that because I'm working until 2am, I'll be paid salary B, but then my paycheck comes and it is Salary A because he changed his mind. Is that legal?
Employment / Labor Attorney
An employer can generally pay two different wages for day and night shift or graveyard shift. If your employer has told you the wage, then you should be paid the wage you were told. He can change the wage after he gives notice. Some states require a shift differential, you should contact an employment attorney or the labor board to get specific details on your situation. You can find an employment attorney licensed in WA here on Avvo by going to the find an attorney tab.
Best of luck!
NO LEGAL ADVICE GIVEN. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship set forth in a written document executed by the client and by me or a member of my firm. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. My law firm does NOT provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your case. I can give advice, make recommendations and answer specific questions only after reviewing the evidence and documents applicable to a specific client and following a personal meeting in my office in which the relevant facts can be developed and analyzed. My law firm presently accepts cases involving State and federal administrative law; professional licenses and permits; education law; employment and labor law; and litigation matters in state and federal courts. Our practice is limited to the States of Oregon and California. If you have a case in any other state we would not be able to assist you. Unless we have a signed written fee agreement you are not my or my firm's client.