Night shift differential pay is additional pay given to all employees with certain exceptions such as managerial employees and officers and members of managerial staff.
For purposes of determining exceptions to the night shift differential pay, the following are considered managerial employees, they meet the following conditions:
- Their primary duty is to manage the establishment in which they are employed or of a department or subdivision thereof.
- They customarily and regularly direct the work of two or more employees therein.
- They have the authority to hire or fire other employees of lower rank; or their suggestions and recommendations as to hiring, firing, and promotion, or any other change of status of other employees are given particular weight.
The following are considered officers or members of a managerial staff, if they perform the following duties and responsibilities:
- Primarily perform work directly related to management policies of their employer
- Customarily and regularly exercise discretion and independent judgment
- regularly and directly assist a proprietor or managerial employee in the management of the establishment or subdivision thereof in which he or she is employed; or execute, under general supervision, work along specialized or technical lines requiring special training, experience, or knowledge; OR execute, under general supervision, special assignments and tasks, and
- Do not devote more than 20% of their hours worked in a workweek to activities which are not directly and closely related to the performance of the work described in paragraphs 1, 2 and 3.