Document Type: Regulation Number: 3.25c
Legal References: 29 C.F.R. § 778.207(b)
Shift differential is premium pay intended to compensate an employee for working less desirable hours. The shift differential granted by this regulation shall apply to non-exempt, full or part-time, regular employees who are regularly assigned to work a minimum eight (8) hour shift except as otherwise noted within this regulation.
Shift differential for bargaining unit employees shall be governed by the provisions of their collective labor agreements.
The definition of shifts for the purpose of receiving a differential is subject to the specific guidelines of this regulation and may or may not be identical to the employee’s assigned work schedule. Each Department may designate work schedules based upon their operational needs.
When determining a shift differential, the entire shift, i.e. start time to end time, is counted. Second and third shift differentials shall not be applied concurrently. Shift differential is based on the following:
A. A differential in the amount of 5% of the employee’s regular hourly rate per hour shall be paid to eligible employees for all working hours of a shift when 50% or more of the employee’s shift is scheduled after 5 p.m.
B. A differential in the amount of 7.5% of the employee’s regular hourly rate per hour shall be paid to eligible employees for all working hours of a shift when 50% or more of the employee’s shift is scheduled after 9 p.m.
C. No differential shall be paid to employees when 50% or more of the employee’s shift is scheduled after 5 a.m. and before 5 p.m.
D. If an employee’s work schedule is split exactly 50/50 between two differential time periods, he or she is will receive the higher of the two differential rates.
The following are examples of situations in which a shift differential is not paid:
A. Any work that is scheduled during evening or nighttime hours primarily for the convenience of the employee is not eligible for the shift differential.
B. A shift differential is not payable for call-in hours or on-call time.
IV. BOISE POLICE LIEUTENANTS
Swing shift patrol Lieutenants are eligible to receive a shift differential equivalent of (2%) of base pay. Night shift patrol Lieutenants are eligible to receive a shift differential equivalent of (10%) of base pay.