When clocks “fall back,” shift workers on duty at that time who normally work an eight-hour shift will actually work an extra hour, for a total of nine hours of work on that day. Nonexempt employees must be paid for all nine hours of work under the Fair Labor Standards Act. They are also entitled to overtime pay for all hours in excess of 40 worked during the week, including the extra hour worked during the conversion back to standard time.

Next year, the period of daylight saving time will be extended. Under the Energy Policy Act of 2005, it will begin on the second Sunday of March and end on the first Sunday of November. The Secretary of Energy will report the impact of this change to Congress. Congress retains the right to revert back to the former time schedule once the Department of Energy study is complete.