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Shift Premium Pay in NC

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  • Shift Premium Pay in NC

    My husband went to work for a furniture manufacturer. He was told he would work 36 hours and get paid for 40. He would have to work 40 for overtime but he would still get equivalent of 4 hours for working third shift as the shift premium. Due to being short on the 4 hour pay he and a coworker had a meeting with company reps. They said their payroll system could not compensate the four hours so therefore they were going to increase his pay 7% this meant on 40 hour weeks he would not get the 4 hours total but this would also increase his overtime pay so therefore some weeks he would get paid more than the 4 hours. He was told if this didn't work out over a course of time that they would look at it again. After working for this company for over a year he decided third shift was not effective with three boys at home so he found another job. When he left the company I took a years worth of checks and calculated by hours worked how much he should have gotten paid and what he did get paid and there was a 160.00 difference. When I contacted the company they said they did not owe him any money the pay incentive was at this 7% and that was that even though it didn't equal the four hours pay. So I requested a payroll change notification that my husband signed at the time they came to this conclusion. And this is the message she sent me...
    Hi Tracy

    According to our company policy, I am not allowed to release information
    that is part of an employee's file.

    Terry was told that the shift premium would be 6.5% and then we increased it
    to 7%. This was a never intended to be a trial run, but the way shift
    premium would be paid from that point on.

    Changes in policy for any employee working at any company can change. We
    changed from paying 4 hours per week for shift premium to paying 7% for
    shift premium. Terry was made aware of this change.

    I hope this helps.
    4 hours is nearly 10% reduced to 7%

    Is this legal and shouldn't he have written notification as to the increase or decrease in his pay??

    Thanks for your time and sorry so lengthy

  • #2
    The first thing I can tell you that is as an employee he has the legal right to see or have a copy of anything in his personnel file, especially something he himself signed.
    The point is that he personally has to request to view his file himself and he may have to make the request in writing.

    From reading your letter, it doesnt sound like there was a contract between your husband and his employer.

    I am not sure about NC wage and hour law, but at a minimum your husband must be paid at the federal minimum wage ($5.15), and any salary beyond that is at the discretion of the employer, and they can change salary without violating law as long as it does not fall below minimum and is not discriminitory in nature. (Again, NC may be different, but in the absence of state law, federal law prevails)

    There should have been notification to affected employees by way of meeting and/or memo from HR/Payroll department.
    Its a courtesy but I dont think it is a matter of law. (I could be wrong)

    ???I wonder why the payroll system could not calculate additional hours???

    Comment


    • #3
      The first thing I can tell you that is as an employee he has the legal right to see or have a copy of anything in his personnel file, especially something he himself signed.

      This is state specific. I don't know off the top of my head if it is the law in NC, but it is not the law in all or even most states.
      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.

      Comment


      • #4
        I stand corrected ... I thought it to be part of CFR (it is, but only for ferderal ee's)

        However, this is from SHRM:
        "There is no federal law that requires private employers to provide employees access to their personnel files. Requirements to access personnel files are guided by state law. Seventeen states have some provisions governing an employee’s right to access his or her personnel file: Alaska, California, Connecticut, Delaware, Illinois, Iowa, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, Oregon, Pennsylvania, Rhode Island, Washington, and Wisconsin. The provisions and wording vary widely from state to state.

        The provisions often address issues such as (a) who has access (current and former employees), (b) how much frequency of access, (c) how to obtain copies, (d) what are exceptions to the information accessible by employees, (e) what are prohibitions on the kinds of records to be kept, (f) how can record corrections be made, (g) what legal remedies are available, and (h) what can be disclosed to third parties. Please keep these items in mind when developing a company personnel file access policy."


        So some states do have laws on the books for access. Unfortunately NC is not among them.

        Comment


        • #5
          Yes, some states do have laws on the books for access. My own state is one of them. I never claimed otherwise.

          What I said was that it is state specific and not Federal.
          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.

          Comment

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