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May 9, 2009   
DOL Home > Compliance Assistance > By Topic > Wages and Hours Worked > Work Hours and Other Pay Issues > Night Work and Shift Work
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Wages and Hours Worked:

Work Hours and Other Pay Issues

 Night Work and Shift Work


 Frequently Asked Questions

OVERVIEW

The Fair Labor Standards Act (FLSA) does not require extra pay for night work. Extra pay for working night shifts is a matter of agreement between the employer and the employee (or the employee's representative). However, if nonexempt workers work over 40 hours in a work week, they must be paid overtime. The FLSA is administered and enforced by the Wage and Hour Division of the Employment Standards Administration.

COMPLIANCE ASSISTANCE MATERIALS

BASIC INFORMATION

E-TOOLS

  • elaws FLSA Advisor - Provides information that addresses key wage and hour topics, including a frequently asked question about whether extra pay is required for weekend or night work.

APPLICABLE LAWS AND REGULATIONS

DOL CONTACTS*

  • Employment Standards Administration (ESA)
    Wage and Hour Division
    200 Constitution Avenue, NW
    Room S-3502
    Washington, DC 20210
    Contact WHD
    Tel: 1-866-4USWAGE (1-866-487-9243)
    TTY: 1-877-889-5627
    Local Offices

  • For questions on other DOL laws,
    please call DOL's Toll-Free Help Line at 1-866-4-USA-DOL. Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service.
    Tel: 1-866-4-USA-DOL
    TTY: 1-877-889-5627

*Pursuant to the U.S. Department of Labor's Confidentiality Protocol for Compliance Assistance Inquiries, information provided by a telephone caller will be kept confidential within the bounds of the law. Compliance assistance inquiries will not trigger an inspection, audit, investigation, etc.



Phone Numbers