As a compulsive (albeit poor) golfer I am already experiencing “links-withdrawal.” Putting away Christmas gifts included storing several dozen golf balls (my family knows how I play) for warmer days got me thinking of Spring. That prompted me to think of Daylight Savings Time, which of course, would make anyone think of the Fair Labor Standards Act (FLSA). See how everything in life is golf-related?

Here’s a quick FSLA reminder for those employers with hourly employees working the graveyard shift. When employers move in and out of Daylight Savings Time, it can complicate the calculation of wages owed and the determination of whether overtime is owed. It is not difficult to compute, but it often slips between the cracks.

The FLSA requires that non-exempt employees be paid for all hours worked, but only for hours worked; and paid at an overtime rate if work is more than 40 hours in a work week. Some states require overtime if more than 8 hours are worked in a day, however, Pennsylvania, Delaware, New Jersey and Maryland do not. (State Department of Labor websites generally have wage and hour information readily available)

Just remember the old saying: “Spring forward; Fall back.” When we move to Daylight Savings Time and the clock is moved ahead an hour, employees assigned to the 8-hour shift when the time changes will actually work only 7 hours and, therefore, should be paid for only 7 hours. If the employer elects to pay for 8 hours, even though only 7 were worked, it does not have to include that payment in calculating overtime, but it also is not considered “premium” pay; so, the employer does not get a credit to use against overtime if overtime were otherwise worked during that pay period. Conversely, when we move from Daylight Savings Time to Standard Time that same employee will actually work 9 hours. That fact needs to be remembered when calculating that pay period’s wage and when determining if overtime had been worked.

For questions, comments or additional information, please contact Robert Small, Partner in our Employment Practice Group, at rsmall@regerlaw.com or via phone at 215.495.6541.