N.Y. Comp. Codes R. & Regs. tit. 9 § 143.4

Current through Register Vol. 46, No. 43, October 23, 2024

Section 143.4 - Applications for shift pay differentials

An application for a shift pay differential may be filed by an employee, employee representative or appointing officer. Such application shall be submitted on a form prescribed by the Director of Classification and Compensation, which shall require, but not be limited to, the following information:

(a) The official title of the occupation or occupations for which the differential is requested.

(b) The time of commencement and the time of completion of the work shift to which the application pertains and, if applicable, a delineation of the geographic area or areas of the State for which the shift pay differential is requested.

(c) Salary and other pertinent data of such a nature as to reasonably support the assertion that in the area or areas to which the application pertains it is the prevailing practice among private and other non-State employers to pay employees who work on an equivalent shift and in an occupation which is the same as or related to that for which the application is made a higher rate of compensation than is paid to employees performing the same class of work during the normal day shift.

(d) The source or sources of the salary data and facts pertaining to rates of pay, amounts of differential pay, hours of work and other information required under this section.

(e) Factual data of such a nature as to reasonably substantiate that the duties and responsibilities of employees who work on the shift for which the differential is sought are at least comparable to the duties and responsibilities of employees in the same occupation who work on the normal day shift.

(f) Such other pertinent information as may be required by the Director of Classification and Compensation.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 143.4