Does an employer have to pay its employees overtime if they work the night shift or the graveyard shift?

Author: Michael Cardman, XpertHR Legal Editor

The federal Fair Labor Standards Act does not require an employer to pay its employees overtime just because they work the night shift or the graveyard shift. However, an employment contract or collective bargaining agreement may require the payment of overtime for working those shifts.

If an employee who works the night shift or the graveyard shift is owed overtime because he or she works more than 40 hours in a workweek, the employer must include any shift premiums in the regular rate of pay when calculating how much overtime is due.