Attention, employers: What is the pay rate when switching to daylight saving time?

On the night of Saturday, October 25, to Sunday, October 26, it’s time: we’ll set the clocks back one hour. That’s great for those who don’t have to work and can sleep an extra hour, but perhaps less so for those who have to work at night. This also raises the question: what about pay? Will employees receive an extra hour’s pay that night? And what about the switch to daylight saving time in March? Will employees receive one hour less pay then?

To address these issues, Collective Bargaining Agreement (CBA) No. 30 was established as early as 1977. The specific purpose of this CLA is to resolve issues related to employee compensation during the transition to daylight saving time and standard time. The CLA applies to employees who work in shifts and do not receive a fixed monthly salary but are paid by the hour.

During the switch to standard time, we set the clock back one hour, and an employee generally works 9 hours instead of 8. When we switch to daylight saving time, the clock is set forward one hour, which means an employee works one hour less and clocks out after a total of 7 hours. If an employee works both nights, the employer will still have to pay for a total of 16 hours.

Employees who work a total of 16 hours on the nights when daylight saving time and standard time take effect will receive their normal pay for those nights, corresponding to 16 hours of work. The collective bargaining agreement clarifies that the employee’s wages must be paid on a pro-rata basis for 8 hours during the first time change (whether that is the switch to standard time or the switch to daylight saving time). Subsequently, upon the next time change, the employee will again be paid on a pro-rata basis for 8 hours. If feasible for the organization, the shift working during the switch to daylight saving time should also be scheduled for the switch to standard time. But what if the shift that worked during the switch to daylight saving time is not the same shift that works during the switch to standard time, or vice versa? How is an employee paid who works “only” during one time change? The collective bargaining agreement provides for a provision whereby employees who work only during the switch to standard time (and thus work 9 hours that night) will receive their normal pay corresponding to 9 hours of work. Conversely, employees who work only during the switch to daylight saving time (and thus work 7 hours that night) receive the normal wage for 8 hours of work. This is something to keep in mind, as it is therefore more advantageous to ensure that, as much as possible, the same employees are on duty whenever the time changes. Would you like to learn more about the proper compensation for your employees? Or do you have other questions about your obligations as an employer? Be sure to contact one of our attorneys.