Daylight Saving Time and FLSA Requirements

November 2, 2017

Daylight Saving Time ends on Saturday, Nov. 4 and clocks “fall back” one hour. Employers should be aware of how this extra hour may affect employees on the clock during the change. Employers should be mindful of the following.

  • Hours Worked: The FLSA requires that employees are paid for every hour worked. Because of the time change, the 1 a.m. hour effectively repeats itself. This means that employees working a graveyard shift will work an extra hour – and must be paid accordingly.
  • Overtime: The additional hour worked on Nov. 4 may entitle employees to overtime under the FLSA. The FLSA requires overtime pay when an employee works more than 40 hours in one week. Certain states also require daily overtime if an employee works more than eight hours.
  • Collective Bargaining Agreements: Employers should consider how employees working under CBAs may be affected by specific wage and hour provisions that may be related to Daylight Saving Time.

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The proceeding information is provided for informational purposes only, should not be construed as or relied upon as legal advice and is subject to change without notice. If you have questions concerning particular situations, specific payroll administration or labor relations issues, please contact your counsel.

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