Q. We need more employees to cover evening hours, and we’re not getting many volunteers. Now that we’ve decided to rotate everyone into the evening shifts, I am hearing that we have to add a “shift differential” to those who work nights. Is this true? — J.L., Ohio
A. No. The Fair Labor Standards Act () does not require extra pay for night work. Extra pay for working night shifts is a matter of agreement between the employer and the employee.
But be mindful that the FLSA does require that covered, nonexempt workers be paid not less than time and one-half the employee’s regular rate for time worked over 40 hours in a workweek.
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