Employment law considerations when the clocks turn back

In Texas and most other American states, the clock was turned back one hour at 2 a.m. on Nov. 4. However, employers may have questions about how to treat this hour in terms of paying their employees. For instance, employers may wonder if they have to pay workers twice for the hour between 1 a.m and 2 a.m. The answer depends on whether it represents an extra hour worked during a shift.

Conversely, employers may not be on the hook for one hour of work when the clocks go forward again in the spring. This could be true if a worker is on the clock when the time is adjusted from 2 a.m. to 3 a.m. In either scenario, employers may adjust a nonexempt employee's shift to avoid any confusion about how they are paid. When the clocks go back, an employee may be entitled to overtime if they are paid twice for the hour between 1 a.m. and 2 a.m.

If an employee is entitled to overtime, they must be paid 150 percent of their regular rate of pay. This regular rate of pay is determined by calculating any wage, tip or other income obtained in a workweek. Overtime pay is generally owed when a person works more than 40 hours in a week.

Failure to pay a worker their proper wage is generally considered to be a violation of employment law. If a company violates state or federal employment law, a worker may be entitled to compensation equal to those wages plus interest. An attorney can review a case to determine if any violation has occurred. This may be done by reviewing employee pay stubs or other information relevant to the case.

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