With clocks falling back an hour on Sunday in just about every state (with a couple of states who do not actually have Daylight Savings – Arizona, Hawaii and parts of Indiana) the question arises on how to pay the shift workers who work during this time.
A large number of US workers were fast asleep in the wee hours of 2 am but the ones working the graveyard shift were patiently counting down the hours until they were able to go home and then hour changed back an hour. With the hour being changed a hour back – do these employees get paid an extra hour of work? Does this mean that their normal eight hour shift turns into a nine hour workday allowing employees to earn one extra hour of pay?
The Department of Labor (DOL) has a detail explanation when it comes to employees working on Daylight Savings. The FLSA ruling on this simply states:
“On the Sunday that Daylight Savings Time ends at 2:00 a.m., the employee works the hour from 1:00 a.m. to 2:00 a.m. twice because at 2:00 a.m. all of the clocks are turned back to 1:00 a.m. Thus, on this day the employee worked 9 hours, even though the schedule only reflected 8 hours.”
Small businesses and employers all across the US will need to budget for the additional hour of pay along with the applicable payroll taxes.