Legal Alerts

Daylight Savings Time Ends - Overtime Begins?

10.01.12

Daylight Savings Time ends at 2:00 a.m. on Sunday, November 4th in Minnesota. 

If employers have non-exempt employees working a “graveyard shift” when Daylight Savings Time ends, those employees will have worked an extra hour because clocks are set “back” one hour, and, thus, they need to be compensated in accordance with the provisions of the Fair Labor Standards Act (FLSA): 
Example: 

  • “graveyard shift” starts at 11:00 p.m. and ends at 7:30 a.m. the next day – an eight-hour shift with a thirty-minute lunch break; 
  • Daylight Savings Time ends at 2:00 a.m.; 
  • employees work the hour from 1:00 a.m. to 2:00 a.m. twice because, at 2:00 a.m., clocks are turned back to 1:00 a.m.; 
  • total hours worked during the shift is nine hours – eight hours reflected in scheduled hours plus one additional hour for the time worked from 1:00 a.m. to 2:00 a.m. twice.

Employers also need to take into consideration this “extra” hour worked when totaling an employee’s actual work hours for the workweek. As a reminder, the FLSA requires that non-exempt employees must receive overtime pay for all hours worked in excess of forty in a workweek. 
In addition to the FLSA, employers may have negotiated specific language in collective bargaining agreements or included language in personnel policies, employee handbooks, or individual employment contracts which may provide other requirements.

Contact
LaFromboise, Antoine J.
Communications and Brand Manager
T 612.371.3269

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