There have been a lot of questions regarding shift differential for overtime. I would like to explain this matter and why the change has happened. First, I would like to inform you that when discussing this matter with the LRU and the AG attorneys many months ago, our General Counsel Adam Levine was present and reviewed the matter thoroughly.
Shift differential is determined by your assigned shift. If you are not assigned to a differential qualifying shift as your regular shift, your “regular rate of pay” does not include shift differential. Therefore, based on the language of the CBA, your overtime will not include shift differential if you are assigned to dayshift, regardless of the hours you work the overtime. Conversely, if you do work a differential qualifying shift, you get shift differential(OTPSD) on any overtime that you work, regardless of the hours that your overtime is worked. This is inline with the FLSA, our discussions with our attorney, and the AG's from the LRU. They paid it incorrectly before, but they are paying it correctly now. I realize what the NRS and NAC say, but the CBA is the governing authority.
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