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3rd Shift Compensation difference Kansas

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  • 3rd Shift Compensation difference Kansas

    How can an employer give different pay compensation for working 3rd shift? 3 workers work 6.5 hours and get paid for 8, while 1 worker HAS to work the 8 hours and only gets $1/hr pay compensation. (note the 6.5hours paid for 8 works out to $3-$4/12, in addition anything these workers work OVER 6.5 hours they get paid 1-1/2 times hourly pay). So the 1 worker gets paid $8 compensation for his 8 hours of work, while the other workers get paid $40.5 compensation for the same 8 hours of pay.

    The worker with the $1/hr compensation asked if he could work the 6.5 hours and he was denied. The 3 workers that work the 6.5 hours worked 8.5 hours per night (getting paid for 8reghours and 2OT hours) each night for the past 5 months.

    The pay differential for the 3 workers works out to be 18.75% of the workers hourly salary. All 4 workers are in the same pay grade which ranges from $16/hr-$22/hr. This calculates out to $3-$4.12 per hour for these 3 workers. In addition when they work OVER 6.5 hours they get paid overtime at time and a half. And have been working overtime for months.

    In the end this is what the difference in pay is for 1 night of work. (based on MidRange pay of grade, $19/hr).

    1ea worker (pay comp is $1/hr)


    8hrs X $19/hr = $152

    8hrs X $1/hr = $ 8

    TOTAL $160

    3ea workers (pay comp is 6.5 hours labor and get paid for 8 hours)


    8hrsReg X $19/hr = $152

    1.5hrsOT X $27/hr = $ 40.5

    TOTAL $192.5

    A difference of $32.5/day ($162.5/wk OR $8450/yr)

    So my question is HOW can an employer justify this? Is this illegal? Am I entitled to back pay?

  • #2
    The way they CAN is that no law prohibits it, except if the difference is based solely on a legally protected characteristic, such as race, gender, religion, ethnic or national origin, etc.

    I see no indication of a back pay requirement. You agreed to work for what you are getting paid.

    I am assuming there is no union contract in place with which this plan would be noncompliant.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      Thanks for the feedback. That is shocking that a company can pick and chose who they give that differential to. It isn't like picking someone for the same job and there pay is based on experience. This is compensation for working 3rd shift, the compensation (from what I have read via HR web resources) is the 3rd shift compensation is given because of the added wear and tear on the person both mentally and physically for working and sleeping abnormal hours, so based on that, HR can dictate the person(s) that need to be compensated more than another.

      I get what you are saying about me agreeing to it, but in this case I when I went to 3rd shift everyone was working 8 hours, but the plan was 3rd shift was going to go to 6.5 hours. I went to 3rd with the anticipation that I would have to work the 8 hours for a month. After a month, they other 3 workers moved to 6.5 hours and I was not allowed to. I asked, and they stated that I did not have anyone working before me in the shift so it was not needed, but 2 of the other 3 do not have workers working before them.

      Thanks again for the insight, surprising and disappointing, but at least I know now.