Backpay w/interest?

[JMP123]

In April of 2000, while reading the employee handbook, I discovered a clause stating, all non-exempt employees,who work an "off" shift, will recieve a Shift premium for all hours worked. This was confirmed by the head of HR in Danbury,Ct. I work in Sacramento, Ca. It was discovered that this was not being included in my pay, and hadn't been since 1992! The company has admitted to their error, but has yet to make good.
My questions:

How far back are they required to compensate me for?

Are they required to pay any interest?

It's been 10 months. How long do they have to pay up?

Any info would be greatly appreciated.
TIA

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

File your grievance ASAP. They may owe interest but here is the clincher: if you can show the error wasn't discovered reasonably until now, the statute of limitations for those 1992 errors may not be up.

I suggest you get the EEOC/Department of Labor involved or if you don't want to hire an attorney or wait, try this:

If you can get the paperwork together for your applicable off shifts stemming from 1992 and show how many hours and what pay rate, etc, HR may just cut you a check to be done with the situation. Tack on 10% interest rate per year and see what they do. The interest rate should be based on a growing amount per year. Ie/ interest rate for 1993 should include total balance due you in 1992 and 1993 (the 1992 being total plus interest).

 

[crager34]

in support of lawrat

The only question is the Statute of Limitation. If you are on good terms with them, the more work you do for them, the faster you get what is owed. I would question the interest, but worth a shot.