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Multiple wages vs Base wages Hawaii

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  • Multiple wages vs Base wages Hawaii

    By practice, my former company compensated employees by their base wage. For example, the rate of the employee was $10.00 per hour. To cover another shift at the same location, shouldn't he be compensated $10.00 eventhough the rate of this shift is $9.00?

    This employee normally works 40 hours a week at a $10 pay rate. Shouldn't he retain his payrate?

    Can anyone forward me the Hawaii Labor Law that this is covered under?

  • #2
    No, we can't forward you any law because there isn't any. The only legal requirement is that a nonexempt employee be paid at least minimum wage. Everything above that is considered an agreement between the employee and the employer. If the employer pays a lower rate for working at a different location, and the employee agrees to work at that rate (which is implied by him actually doing the work), then that's all that matters.

    Should they? Maybe. Are they required to by law? No.

    This is assuming, of course, that there is no bona fide employment contract or CBA that sets forth what rate must be paid. And even then, failure to do so would be a breach of contract issue, not a wage and hour issue.

    Not all employment actions are "labor" law. Some are contract law and this is one of them.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      Thank you Pattymd

      Thank you for your response.