Business Law Employment Law Legal Topics

While You’re Getting an Extra Hour of Sleep, Others Are Getting an Extra Hour of Work

It’s time to turn back our clocks one hour this weekend, which for most of us means another hour of blessed sleep. But for overnight workers, it means another hour of work. And that extra work must be compensated.

When we set our clocks back from 2:00 a.m. to 1:00 a.m. this Sunday morning, as we switch away from Daylight Savings Time, nonexempt employees who are working the overnight shift will have a bit of déjà vu — they will work the 1:00 a.m. hour twice.  As explained on the Employment Matters blog, this means that an employee whose shift runs from 10:00 p.m. to 6:00 a.m. must get nine hours of pay instead of eight hours of pay. 
The Employment Matters blog also notes that overtime becomes an issue, because that extra hour can mean the difference between falling under or over the 40-hour per week threshold. Employers have to include the additional hour when they calculate an employee’s hours for the week.
Of course, everything is in reverse in the spring when we lose an hour.
For a guide to the myriad issues relating to wage and hour law, including calculating overtime pay, turn to CEB’s California Wage and Hour Law and Litigation.

© The Regents of the University of California, 2011. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.

4 replies on “While You’re Getting an Extra Hour of Sleep, Others Are Getting an Extra Hour of Work”

Actually, the threshold in California is not (merely) 40 hours in a week, but 8 hours in a day. Anything over 8 hours in a day requires the payment of overtime pay (1.5 times the regular hourly wage).

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