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that we will not get paid for that extra hour we have to work. The rumor is pretty legit due to they did this in the past. The reason being is because we will get that hour back in the spring time, but I don't even know if I'll still be on night shift by then. Is this legal or illegal by law? I would asume it is illegal but just throwing it out there for anyone that can clear it up. Thanks

2007-11-02 16:40:55 · 11 answers · asked by USARMYINFANTRY 3 in Politics & Government Law & Ethics

Just to add a few more details
-I work from 10 pm to 6 am
-I am a hourly paid worker
-I really like my job and it pays pretty good so making a big fuss about this will probably not be an option, my only complaint is the FACT they are shortening our hour because we will get it back in the spring. I just think thats a crock, but thats just me. It just disturbs me to know they actually said that in the past years and are planning on doing it again this year.

2007-11-02 17:18:26 · update #1

11 answers

It's TOTALLY illegal!!

Here's the link to the US Department of Labor's law regarding this. Copy it and show it to your employer. You get paid for the total hours you work THAT day.

http://www.dol.gov/elaws/esa/flsa/hoursworked/screenER11.asp

2007-11-02 16:49:14 · answer #1 · answered by Anonymous · 0 0

An hourly worker is entitled to be paid for the total of numbers actually worked. If you work 10 to 6, which is normally a 10 hour shift, but the time change makes real time elapsed 11 hours, you get paid for 11 hours.

In spring, the time shift will mean that actual elapsed time will only be 9 hours, so that's what you get paid for that shift.

Employers don't get to adjust a current paycheck for something that may or may not happen 6 months from now. What if you quit or were laid off? They wouldn't give you your extra hour then, I bet.

If they don't pay you for actual elapsed hours, file a complaint with the labor board.

2007-11-02 18:29:19 · answer #2 · answered by raichasays 7 · 0 0

I'm assuming you're not salaried.

I believe they have to pay you. If you're that invested in the hour pay (or in the principal) you should look into it. If it's going to cause you more headaches to do so, you should let it go.

Good luck.

Here you go. Here's a place to start:

Daylight Savings Time
Most states participate in daylight savings time. Those employees working the graveyard shift when Daylight Savings Time begins work one hour less because the clocks are set ahead one hour. Those employees working the graveyard shift when Daylight Savings Time ends work an extra hour because the clocks are set back one hour at 2:00 a.m.

For example:

The scheduled shift starts at 11:00 p.m. and ends at 7:30 a.m. the next day, your employee works an eight- hour shift and receives a 30-minute lunch break.

On the Sunday that Daylight Savings Time starts at 2:00 a.m., the employee does not work the hour from 2:00 a.m. to 3:00 a.m. because at 2:00 a.m. all of the clocks are turned forward to 3:00 a.m. Thus, on this day the employee only worked 7 hours, even though the schedule was for 8 hours.
On the Sunday that Daylight Savings Time ends at 2:00 a.m., the employee works the hour from 1:00 a.m. to 2:00 a.m. twice because at 2:00 a.m. all of the clocks are turned back to 1:00 a.m. Thus, on this day the employee worked 9 hours, even though the schedule only reflected 8 hours.
The FLSA requires that employees must be credited with all of the hours actually worked. Therefore, if the employee is in a work situation similar to that described in the above example, he or she worked 7 hours on the day that Daylight Savings Time begins and 9 hours on the day that Daylight Savings Time ends. This assumes, of course, that the employee actually worked the scheduled shift as in our example.

For more information, please contact your local Wage and Hour District Office.

http://www.dol.gov/elaws/esa/flsa/hoursworked/screenER11.asp

2007-11-02 16:45:14 · answer #3 · answered by snoopy 5 · 1 0

My employer pays me 1 hour overtime when i work and the clock is turned back, in the spring when the clock is turned ahead we get paid for the full eight hours even though we only worked 7.
If you work this Saturday night into Sunday morning, your employer by law is obligated to pay you the extra hour, or sometime within the same pay period, gave you an additional hour of time off or vacaction time.

2007-11-02 16:53:42 · answer #4 · answered by Claude D 3 · 0 0

No. They must pay you for all hours worked. And, if you work across the time change, you will have worked the same hour twice and must be paid for both hours.

The argument that you will get it back in the spring is bogus as you may not work there then.

If the extra hour puts you in an overtime situation, then they must pay that also.

This assumes you are an hourly worker in the US.

2007-11-02 16:44:50 · answer #5 · answered by Dan H 7 · 0 0

No, no longer in case you're asking approximately time changes indoors the U. S.. regulation replaced into surpassed that moved the swap from the in simple terms top Sunday in October to first Sunday in November. This twelve months we are able to pass the clocks back an hour at 2:00 am on Sunday, November 4.

2016-11-10 03:02:19 · answer #6 · answered by ? 4 · 0 0

Intresting. So say you get off at 2am. It reall changes to 1 am, so they will keep you all there untill two again? That sounds shady because at the first 2 am you have already worked your 8 hours and making you stay till 2am again would be 9. I would say ilegall but this is interesting.

2007-11-02 16:44:38 · answer #7 · answered by v_bird26 3 · 0 0

You get paid by the amount of hours you worked. Other things don't make a difference. You could get a consultation with a lawyer if anything.

2007-11-02 16:44:17 · answer #8 · answered by Anonymous · 0 0

No....NOT... you get paid by the hour for the number of hours worked.. so the time on the clock doesn't matter.. don't listen to a bunch of bullshit.... if your work 8 hours you get paid for eight .. PERIOD.. if you work nine..DITTO.. if your employer gives you any grief go see the wage and hour people.. they will straighten them out.
HTH,
Keith

2007-11-02 16:47:42 · answer #9 · answered by DrK 4 · 0 0

Usually, if you get paid an hourly wage, and work nights, you will not get the extra hour.

2007-11-02 16:44:47 · answer #10 · answered by Anonymous · 0 0

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