Migliaccio & Rathod LLP is investigating whether UPMC properly calculated overtime compensation for hourly employees who received overnight shift differentials, extra-shift bonuses, contract payments, or other additional compensation.
Reports provided for this investigation indicate that certain UPMC employees may have received overnight shift differential pay and additional compensation for taking extra shifts or working under special staffing arrangements while also working overtime.
Healthcare employees often receive additional compensation for working nights, weekends, difficult-to-fill shifts, or extra assignments. Depending on how those payments are structured, federal law may require them to be included when determining the employee’s regular rate for overtime purposes.
Migliaccio & Rathod is investigating whether qualifying UPMC differentials and incentive payments were properly accounted for when overtime was calculated.
Employees May Have Experienced:
- Receiving overnight or evening shift differential pay;
- Receiving bonuses or additional compensation for picking up extra shifts;
- Receiving contract, incentive, or staffing-related payments;
- Working more than 40 hours while receiving this additional pay;
- Having overtime calculated only from their normal hourly wage; and
- Receiving no additional overtime adjustment connected to differentials or extra-shift compensation.
Potential Claims May Include:
- Failure to include shift differentials in the regular rate;
- Failure to include qualifying incentive or extra-shift payments in overtime calculations;
- Underpayment of overtime compensation;
- Violations of the Fair Labor Standards Act;
- Violations of Pennsylvania or other applicable state wage laws; and
- Recovery of unpaid overtime and other available damages.
Signs You May Be Affected:
- You worked for UPMC as an hourly employee;
- You received overnight, evening, weekend, or other shift differential pay;
- You received extra-shift bonuses or other incentive compensation;
- You worked more than 40 hours during weeks when you received additional compensation;
- Your overtime rate was based only on your ordinary hourly wage; or
- Your paystub does not show an overtime adjustment associated with the additional compensation.
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.