As we approach the end of Daylight Saving Time, it is a good time to review wage and hour rules that are triggered when the clock changes. Whether we are talking about gaining an hour or losing an hour, Daylight Saving Time has an impact on those who are working when the clock changes. It’s important to understand the implications for wage and hour compliance.
When the Clock “Falls Back” in November
While most people enjoy the end of Daylight Saving Time because it means an extra hour of sleep, those who are working when the clock “falls back” get something different – an extra hour of work. When Daylight Saving Time ends, an employee working at 2:00 am will work the hour between 1:00 am and 2:00 am twice.
Payment for All Hours Worked
Both state law and the Fair Labor Standards Act (FLSA) require that employees be paid for all time actually worked. So, while the schedule may only reflect an eight-hour shift (9:00 pm – 5:00 am), we know the employee worked an extra hour during that shift due to the time change. For nonexempt hourly employees, this means an additional hour of pay.
What About Overtime?
Depending on the employee’s regular rate of pay and/or the total number of hours worked, the extra hour when the clock “falls back” can also trigger overtime pay. Employers will need to take into account the extra hour of work when calculating whether a nonexempt employee is entitled to overtime.
If the nonexempt employee is making less than 1.5 times minimum wage (currently $18.00 per hour) and works more than eight hours in the workday because of the end of Daylight Saving Time, then the employee would be entitled to overtime for any time worked beyond eight hours. If the nonexempt employee is making at or above 1.5 times minimum wage, they would be entitled to overtime if they worked more than 40 hours during the workweek.
When the Clock “Springs Forward” in March
While nonexempt employees get the benefit of one extra hour of pay in the fall, the opposite is true in the spring when Daylight Saving Time begins.
When Daylight Saving Time begins, an employee working at 2:00 am will lose the hour between 2:00 am and 3:00 am when the clock “springs forward”. Therefore, while the schedule may indicate an eight-hour shift (9:00 pm – 5:00 am), the employee only worked for seven hours due to the time change.
Ensuring Timekeeping Reflects the Change to Avoid Wage and Hour Violations
Employers must make sure that their timekeeping system accurately reflects the time change with Daylight Saving Time to avoid wage and hour violations.
Whether it’s verifying that the automated timekeeping system is configured correctly to adjust for the time change or employees are trained on how to accurately record the time actually worked on their timesheets, employers have an obligation to make sure their time records are accurate and employees are paid correctly.
Navigating Daylight Saving Time the Right Way
The transition into and out of Daylight Saving Time is more than just a schedule change. It is an important wage and hour compliance event. However, compliance doesn’t have to be difficult if you remember one core concept – employees must be paid for all time worked.
Ultimately, preventing wage and hour violations with Daylight Saving Time hinges on the accuracy of timekeeping records. Accurate timekeeping records lead to the accurate payment of employee wages.
By: Audra L. Parton, JD
Looking for more wage and hour guidance? Attend our upcoming webinar, Navigating Wage & Hour, on November 14, 2025. From navigating daily overtime and the 24-hour clock to understanding the rules regarding employee uniforms and payroll deductions, this webinar delves into the nuances of Nevada law that are common problem areas for employers.
