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Daylight-Saving Time and the FLSA

This year, daylight-saving time begins on Sunday, March 13 at 2:00 a.m., when clocks will be set forward one hour. Shift workers who are on duty at that time will likely work one hour less, and paying them for a full shift may raise questions under the Fair Labor Standards Act (FLSA). An employer, as a matter of policy, may decide to pay for the normal number of hours for that shift. Under the Fair Labor Standards Act, the employer is not required to include the additional hour of pay when calculating an employee's regular rate for overtime. However, because the extra hour of pay is not compensation for hours actually worked in the work week, no part of that amount may be credited toward overtime compensation that may be due if the employee qualifies for overtime during the rest of the work week.

An additional hour of pay provided to an employee who works less than a full shift does not need to be included in calculating the worker's regular rate of pay when considering any overtime for that week. At the same time, the extra hour of pay may not be credited toward any overtime pay that may be due.

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