Do You Know How to Pay Employees For Daylight Savings Time Work?

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By Eric B. Meyer

This Sunday, Daylight Savings Time begins, as we push the clocks forward one hour at 2:00 am on March 10, 2013.

Did someone say Clocks?

How does the time change affect the manner in which you pay hourly non-exempt employees who work the graveyard shift? I’ll let the U.S. Department of Labor explain:

On the Sunday that Daylight Savings Time starts at 2:00 a.m., the employee does not work the hour from 2:00 a.m. to 3:00 a.m. because at 2:00 a.m. all of the clocks are turned forward to 3:00 a.m. Thus, on this day the employee only worked 7 hours, even though the schedule was for 8 hours.

The FLSA requires that employees must be credited with all of the hours actually worked. Therefore, if the employee is in a work situation similar to that described in the above example, he or she worked 7 hours on the day that Daylight Savings Time begins. …”

Of course, when we get to November and set the clocks back, remember that employees working the graveyard shift must be paid an extra hour.

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But, until then, enjoy the sun.

This was originally published on Eric B. Meyer’s blog, The Employer Handbook.

You know that scientist in the action movie who has all the right answers if only the government would just pay attention? Eric B. Meyer, Esq. gets companies HR-compliant before the action sequence. Serving clients nationwide, Eric is a Partner at FisherBroyles, LLP, which is the largest full-service, cloud-based law firm in the world, with approximately 210 attorneys in 21 offices nationwide. Eric is also a volunteer EEOC mediator, a paid private mediator, and publisher of The Employer Handbook (www.TheEmployerHandbook.com), which is pretty much the best employment law blog ever. That, and he's been quoted in the British tabloids. #Bucketlist.

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2 Comments on “Do You Know How to Pay Employees For Daylight Savings Time Work?

  1. I would happily strangle Ben Franklin for coming up with this stupid idea….Not to mention Congress that in a single bill managed to destroy all the clocks in the US that used to “automatically set daylight savings time”, thereby saving people from being late to work or missing flights on those two days that change and now have to be manually reset 4 times a year! WTF!

  2. Thanks for sharing this, Eric. I actually had no idea that there was an FLSA regulation on this. Somewhere, someone is reading this post and thanking there stars you shared.

    Good read.

    Best,

    Rory

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