October 24, 2022

Daylight Saving Time Ends Nov. 6

Employers Should Prepare for Possible Overtime

Clocks turn back on Sunday, Nov. 6. Employees on duty from 2:00 a.m. to 3:00 a.m. that day will have worked an hour longer than scheduled unless employers make other arrangements, such as leaving an hour early or coming in an hour later. Under the Fair Labor Standards Act, you must pay nonexempt (hourly) employees for the extra hour of work. They are also entitled to overtime pay for all hours over 40 worked during the official workweek, including the extra hour worked during the conversion back to standard time.

The U.S. Senate unanimously passed the Sunshine Protection Act of 2021 in March of this year, which would make daylight saving time the new, permanent standard time effective Nov. 5, 2023. On March 29, 2022, the Kentucky House adopted by voice vote a resolution urging the U.S. House to pass and the president to sign the Sunshine Protection Act of 2021.

If the House passes the bill and President Biden signs it, when clocks spring forward in March of next year it, will not fall back in November 2023. According to the National Conference of State Legislators (NCSL), the bill “would allow those states that had previously chosen to move to year-round daylight time, either through legislation or voter approval, to make that change. However, because the bill also repeals the section of federal law that changes standard time to daylight time from March to November, states would be forced to choose to operate either on standard or daylight time year-round. States that currently remain on standard time year-round would be allowed to continue.”

NCSL provides interesting information on the background of daylight saving time and a list of the 22 states that have enacted legislation or resolutions to provide for year-round daylight saving time.

Cities must currently pay possible overtime on Nov. 6 for affected employees or update employee schedules accordingly. Contact KLC Personnel Services Manager Andrea Shindlebower Main for more information on this or any other personnel related matters.