Centreville, VA asked in Employment Law for New Mexico

Q: If you are placed on a permanent night shift does your employer have to pay you shift differential?

This is a government contract. The company is based out in Virginia. Contract is in Las Cruces, NM.

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1 Lawyer Answer

Trent A. Howell

Answered
  • Santa Fe, NM
  • Licensed in New Mexico

A: In general, unless the employer has entered an agreement to continue a rate of pay or benefits for a certain period as to a certain job description and duties, an employer can change the rate of pay, benefits, and job description and duties going forward. However, you mention this "is a government contract," and sometimes such contracts and/or related documents require certain pay for certain positions. This is not legal advice to you, but a general idea of the law. Whether and how it applies to you would depend on the details of your employment.

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