Migliaccio & Rathod LLP is investigating whether Cargill properly calculated overtime compensation for hourly employees who received shift differential pay or other additional compensation.
Reports provided for this investigation indicate that certain Cargill employees may have received shift differential pay while working overtime. The research also identifies Cargill as an employer with potentially systematic pay practices affecting hourly workers.
Under federal law, ordinary Cargill shift differentials generally must be included in an employee’s regular rate when overtime is calculated. If an employee receives additional compensation for working nights, evenings, weekends, or other designated shifts, overtime generally cannot be calculated solely from the employee’s lower base hourly wage.
Migliaccio & Rathod is investigating whether qualifying shift differentials and other compensation were properly included in Cargill employees’ overtime rates.
Employees May Have Experienced:
- Receiving additional hourly pay for evening, overnight, weekend, or other shifts;
- Regularly receiving a shift differential in addition to base wages;
- Working more than 40 hours during weeks when a shift differential was earned;
- Having overtime calculated using only the base hourly wage;
- Receiving shift differential and overtime as separate paystub entries; and
- Receiving no additional overtime adjustment associated with shift differential pay.
Potential Claims May Include:
- Failure to include shift differentials in the regular rate;
- Underpayment of overtime compensation;
- Improper calculation of overtime premiums;
- Violations of the Fair Labor Standards Act;
- Violations of applicable state wage laws; and
- Recovery of unpaid overtime and other available damages.
Signs You May Be Affected:
- You worked for Cargill as an hourly employee;
- You received evening, overnight, weekend, or other shift differential pay;
- You worked more than 40 hours during weeks when you earned a differential;
- Your overtime rate was based only on your ordinary hourly wage;
- Your shift differential did not appear to increase your overtime rate; or
- Your paystubs show shift differential pay without a corresponding overtime adjustment.
If you have encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call.