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My employer stopped paying my differential! Minnesota

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  • My employer stopped paying my differential! Minnesota

    I noticed that my paychecks no longer were paying my differential for my overnights. When I was hired, HR told me that working a weekend overnight I would get paid a differential for weekend, and a differential for overnight. I have been paid for the last 1.5 years, but since we started a new timeclock system, I haven't been paid both, only weekend differential. I proved this with my old paystubs, but was denied. I brought this up to my boss, and she agreed with me. We took it up with HR but they told us company policy states that only one differential can be paid. She stated that our department has always been paid both differentials on the weekend overnight but got nowhere with them. My employer has agreed to back pay me and others, but I will no longer be recieving the differential I used to get because it was a verbal contract, and the HR person that hired me denies saying that I would get both. This differential is enough to pay for my gas back and forth to work. Do I deserve this pay? Can I do anything? My team leader is an ex-union rep and believes we (team members) need to take the matter further.
    Last edited by tracy070; 01-31-2008, 05:38 AM.

  • #2
    No you can not force them to continue paying you both differentials which is highly unusual. Be greatful it was paid as long as it was and that the employer is paying this amount up until now. Even if you had a verbal agreement, it can change going forward.

    You and your colleagues can try to persuade the powers that be to reinstate both differentials, but frankly, I find it unlikely that they would pay a double premium for this time, especially if you are the only department that got both. No premium at all is required by law, so they are already going above and beyond what is necessary. I would tread carefully as it does not generally sit well with employers when employees continue to ask for more when the employer is being more generous than need be in the first place. It just makes the employee appear greedy and smacks of an entitlement mentality.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Thanks,
      I feel they were generous too, I just feel betrayed by the person at HR that told me this was my earnings. that is what I used to determine my wage to accept employment because it is my shift.

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