Daylight saving time ends at 2 a.m. local time Nov. 5, and clocks will fall back one hour. This time shift may affect employers' obligations under minimum wage, overtime, and meal and rest break laws.
For example, if a nonexempt employee is working an eight-hour shift when the clocks turn back an hour, the employer must pay their regular wage for that extra hour of work and may need to pay overtime for that extra hour, depending on state law. Minimum wage laws apply to any hours worked.
"Employers must check the state laws applicable to where their employees work because some state wage laws require the state's overtime rate to be paid if a nonexempt employee works more than eight hours in a workday. In each case, if the state's minimum wage is higher than the federal minimum wage, the higher rate of pay applies," said Robert Small, an attorney with Reger Rizzo & Darnall in Philadelphia.
Federal law requires overtime pay only for nonexempt employees when they work more than 40 hours in one workweek.
Some states, including California, require meal and rest breaks after someone works a certain amount of hours. Adding an hour to an employee's shift may impact the required meal and rest breaks.
One solution is to have the worker leave an hour earlier on the day when the clocks turn back.
"Under the Fair Labor Standards Act and state law analogues, employers are obligated to pay nonexempt employees at least the federal minimum wage for every hour worked, but only for hours...
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