Love it or hate it, daylight saving time is an unavoidable reality for those who live in West Virginia and most other states. Springing forward may mean losing an hour of sleep, but it means something completely different for those who happen to work the night shift. It is important for employees to watch their paychecks carefully to ensure their employers properly calculate their wage and overtime pay during a time change.
Most people will set their clocks ahead one hour before they go to sleep. However, those on the night shift may work through that time change. How does this affect their hours and their eligibility for overtime? Perhaps this is more of a concern in the fall when those on the graveyard shift work an extra hour, but in the spring, an employer may decide to pay overnight workers for the lost hour even though they technically do not work during that hour.
If an employer pays someone for the hour lost during the time change, the employer does not have to include that extra hour toward the worker’s overtime rate. However, when the clocks go back in the fall, employers must include that extra hour in a worker’s pay. Additionally, that hour counts toward the 40 hours the employee works to earn overtime pay.
The Fair Labor Standards Act requires workers to receive fair pay for every hour they work. When an employer fails to pay a fair wage and overtime, the employer is violating the rights of the worker. Many West Virginia employees in this situation turn to a skilled attorney who will evaluate their cases and guide them in taking the most appropriate action to protect their rights.