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Antiwork

Am I wrong or is my company committing wage theft?

I took bereavement leave from the third of this year to the fifth of this year–so January 3rd, 4th and 5th of 2023. I work second shift, so we receive a shift premium of $1.50 every hour. I did not receive my shift premium on my bereavement leave for those days, and the person who does payroll said we do not get shift premium on bereavement leave, although it's supposed to be paid time off. But a salaried worker on an off-shift, who still receives a shift premium because they are on an off-shift, does get paid their shift premium for bereavement leave. Their paycheck is not less than usual when they have bereavement leave on it, but an hourly worker's paycheck is less than usual. My question is, why would hourly workers not receive their full wages for bereavement leave but salaried workers receive their full salary? There is…


I took bereavement leave from the third of this year to the fifth of this year–so January 3rd, 4th and 5th of 2023. I work second shift, so we receive a shift premium of $1.50 every hour. I did not receive my shift premium on my bereavement leave for those days, and the person who does payroll said we do not get shift premium on bereavement leave, although it's supposed to be paid time off. But a salaried worker on an off-shift, who still receives a shift premium because they are on an off-shift, does get paid their shift premium for bereavement leave. Their paycheck is not less than usual when they have bereavement leave on it, but an hourly worker's paycheck is less than usual.

My question is, why would hourly workers not receive their full wages for bereavement leave but salaried workers receive their full salary? There is nothing written in the employee handbook about workers not receiving shift premium on any paid time off.

Since I was looking into this issue, I found that I was not paid my shift premium three years ago in 2020, when I also took bereavement leave. I took three days of bereavement and the other two days of the same week I took vacation. So on that paycheck, I had 40 hours of time worked, and the following week I had 24 hours of bereavement and 16 hours of vacation. I was not paid my shift premium for any of that paid time off–I was not paid full wages for bereavement or vacation.

I know that was three years ago, but if I am correct about this and hourly workers are supposed to be paid their full wages for all paid time off, am I able to receive backpay for the unpaid shift premium?

I do have both pay statements. I was missing $30 from my paycheck in 2020, the one with bereavement and vacation pay on it. The shift premium then was .75 an hour, so .75 x 8 = 6, 6 x 5 = 30. And I am missing $36 from my paycheck from this month, January 2023, the paycheck with bereavement on it. 1.50 x 8 = 12, 12 x 3 = 36.

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