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On-Call, Shift Differential West Virginia

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  • On-Call, Shift Differential West Virginia


    This has been a topic of discussion around our water cooler.

    Our company required certain personnel to be on-call during the weekend. Obviously the on-call requires us to remain available to respond to calls. The company policy states that on-call are required to be able to respond to calls and that's it.

    Recently our manager in our department has required on-call personnel to log in and status our network times a day. This usually takes 3-4 hours total. We are paid for this time. And we are paid a daily on call rate.

    But the company also has a weekend shift differential that is paid for those who are scheduled to work. The argument, is since our manager is requiring us to work these 3-4 hours during the weekend that this is scheduled time and we should be compensated with the weekend shift differential rate. The manager refuses this and says this is part of being on-call although the corporate policy states nothing on this particular matter.

    I am curious as to what the official ruling should be or if there is any additional data for use in an argument.

    Again, we are paid for our time over the weekend. And we are compensated with an on-call pay. We are not compensated for shift differential when we are being told to work while other department s do get the shift differential for working weekends.

  • #2
    There are no circumstances when the law requires that you be paid a shift differential. Barring a legally binding and enforceable contract or CBA that expressly says otherwise, it is entirely up to the employer when and if a shift differential be paid.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.