For most people across the United States, residents of Massachusetts included, daylight savings time ends this Sunday, November 4, and we set the clocks back one hour at 2:00 a.m. When daylight savings time ends, employees working the “graveyard shift” work an extra hour. For example, if an employee works a shift from 11:00 p.m. to 7:00 a.m., the employee in effect works the hour from 1:00 a.m. to 2:00 a.m. twice. Although their schedule reflects only eight hours, the employee actually worked nine hours and under the Fair Labor Standard Act (FLSA), non-exempt employees must be paid for nine hours of work. Employers must also include this extra hour in their calculation of whether employees have worked in excess of 40 hours and are thus entitled to overtime pay.
Employers and employees alike need to remember to turn the clocks back one hour before going to bed (or work) on November 3. Employers must also remember that when we “fall back” there are FLSA implications to consider.