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SAFETY / OSHA - 3/6/08

Daylight saving time arrival could be problematic

This year's Daylight Saving Time (DST) arrives March 9. Legislation was passed in 2005 changing the dates on which DST occurs and creating a potential for conflict with systems currently programmed for DST in April and October. Additionally, the new US DST will be out of sync with the DST schedules in the UK and much of Europe.

Prior to passage of The Energy Policy Act of 2005, DST occurred on the first Sunday in April and the last Sunday in October. The 2005 Act, however, contains a provision extending DST by four weeks, purportedly to reduce energy consumption, so that for most of the US, DST transitions at:

The Act was approved by the US Congress on July 29, 2005, and signed into law by the President on August 8, 2005, in an attempt to give Americans more daylight in the evening, thereby requiring less use of electricity to light up their homes and save energy.

DST reminders for employers. Although DST arrives early this year, the same rules apply. Remember that shift workers who are on duty at the time DST occurs and who normally work an eight-hour shift will actually work only seven hours. An employer, as a matter of policy, may decide to pay the normal eight hours of pay for that shift, but under the Fair Labor Standards Act (FLSA), the employer is not required to include the additional hour of pay when calculating an employee's regular rate for overtime. However, because the extra hour of pay is not compensation for hours actually worked in the work week, no part of that amount may be credited toward overtime compensation that may be due if the employee qualifies for overtime during the rest of the work week.

When returning to standard time in November, clocks are moved back one hour at 2:00 a.m. Shift workers on duty at that time will actually work an extra hour, for a total of nine hours of work. Employees must be paid for all nine hours. They are also entitled to overtime on the basis of all hours worked during the week, including the extra hour worked during the conversion to standard time.

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