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Daylight Savings Time and wage laws

On Behalf of | Nov 6, 2018 | Wage And Hour Claims |

Employees in California and in other states get to wake up one hour later when Daylight Savings Time ends. Many people are skeptical about the benefit of changing the clocks considering it does not actually increase the number of hours of daylight. Employers must pay attention not to violate wage and hour laws when the clock rolls back.

Nonexempt employees who are on the clock when the time changes need to be paid for an extra hour of work if their shift is extended. The extra hour could me overtime pay for some workers. Employers who want to avoid this can alter the regular shifts for their employees on that date.

Workers who earn commission or tips must be paid overtime based on their regular rate of pay rather than an hourly wage. The extra hour can change the calculation of the employee’s regular rate of pay for that week.

When clocks “spring forward” in March, some employees may only have worked seven hours when the time for their regular shift ends. Federal law prohibits employers from crediting the lost hour toward overtime pay.

Workers who believe that that they have not been compensated according to law may benefit from consulting an attorney experienced in handling wage and hour claims. Some employers try to get around wage and hour laws by improperly classifying employees so that they do not have to be paid overtime. In rare circumstances some employers do not pay workers at all.

An attorney may be able to help employees file a claim for compensation if their rights have been violated. Workers are entitled to compensation for all time worked and must be compensated for sick time and missed meal and rest breaks. Employees must be reimbursed for expenses such as mileage in some cases and must be provided uniforms or the cost of acquiring them if the job requires a uniform.