What pay obligations does an employer have when the time changes in the Spring and Fall?
Where an employee works at the beginning of the change to daylight saving time, only a seven-hour shift but receives pay for an additional hour, the payment for the hour not worked need not be included in computing the employee’s regular rate and may not be credited toward overtime compensation due under the Fair Labor Standards Act (FLSA) if overtime is worked during the other days in the week. Shift workers on duty at this time who normally work an eight-hour shift will actually work an extra our, for a total of nine hours of work on that day. Employees MUST be paid for all nine hours of work under the FLSA. They are also entitled to overtime for all hours worked in excess of 40 worked during the week, including the extra hour worked during the conversion to standard time.
