Entitlement to Night Differential Pay for Hour Lost Due to Daylight Savings Time

A Federal Aviation Administration employee submitted a claim for night differential for the hour he lost due to the shift from standard to daylight savings time. On the night the change to daylight savings time was effected, the employee worked an 8-hour shift between midnight and 9:00 a.m. The employee was compensated at the night differential rate for 5 hours, rather than the 6 hours he was normally paid at the night rate. The employee argued that it was inequitable for him to be denied premium pay for that hour, since other employees who elected to take an hour of annual leave rather than work until 9:00 a.m. were compensated at the night rate for that hour. Night differential is paid for regularly scheduled work between the hours of 6:00 p.m. and 6:00 a.m. When employees work the midnight to 8:00 a.m. shift on the night when the clocks are advanced 1 hour, they are entitled to 5 hours pay at the night rate. If an employee is permitted to work an additional hour on that day in order to maintain an 8 hour shift, he is entitled to night differential only for the hours he actually worked between 6:00 p.m. and 6:00 a.m. Since the employee's rights were governed by statute, his argument was not considered. The employee's claim for night differential pay was denied.