Daylight Savings Time (DST) will come to an end this weekend, November 6 at 2:00 a.m., and we will set our clocks back. In addition to making it woefully dark in the afternoon, this tradition also can potentially impact nonexempt employees who are working at that time.
Under the FLSA, time worked by a nonexempt employee includes "all time worked." When applied to DST, this means that if an employee is working on a shift that crosses the 2:00 a.m. threshold on November 6, they must be paid for the extra hour. For example, if an employee works from Saturday at 7:00 p.m. to Sunday at 3:00 a.m., that employee will work through DST. The FLSA will compute the extra hour of DST toward the total hours worked, meaning the employee will be deemed to have worked 9 hours rather than 8 hours on that shift. Not only is this important in terms of making sure the employee is paid correctly, but employers also have to take that extra hour into account in determining whether OT is owed. Employers with time clock systems should be sure they accurately record this extra hour worked or be sure to fill it in manually. Or, if your employees complete time cards, be sure you communicate to them that they should be including that hour.
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