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Sunday’s Time Change and the FLSA

EverythingHR Staff | 11/02/2021 | Blog

By now we all probably know that early Sunday morning we will be saying farewell to Daylight “Saving” Time (not “Savings” Time); however, is everyone aware of the possible wage and hours implications of this change?  If you have non-exempt overnight employees on the weekends, there are some overtime issues that come along with setting the clocks back.

As a reminder, here are the mechanical details of the change:

Sunday, November 7, 2021, 2:00:00 am clocks are turned backward 1 hour to
Sunday, November 7, 2021, 1:00:00 am local standard time instead.

For a quick recap of potential wage and hour issues, please continue to our blog.

Return of Standard Time November 7th May Affect Shift Workers

Daylight saving time in the U.S. ends at 2 a.m. Nov. 7th, when clocks should be turned back one hour as standard time resumes.

The time change may result in questions for payroll departments about overtime pay rights under the Fair Labor Standards Act.  Employers should observe federal rules for late-shift employees scheduled for early morning work. Employees working an early morning shift would be on the job an extra hour after clocks are set back. The extra hour may result in unplanned overtime for workers covered by the FLSA.

Compensation is required under the act for covered employees who work the extra hour.

Hawaii and parts of Arizona do not observe DST.

For those planning ahead, in 2022, daylight saving time starts March 13h, and ends Nov. 6th.