Office of Human Resources Compensable Time and Time Reporting Please come to the front to sign in FLSA The Fair Labor Standards Act of 1938 as amended is a federal labor law The FLSA provides criteria for employers to classify their employees as exempt from overtime or nonexempt and elig ID: 701341
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Slide1
Compensable Time and Time Reporting
Office of Human ResourcesSlide2
Compensable Time and Time Reporting
Please come to the front to sign inSlide3
FLSA
The Fair Labor Standards Act of 1938, as
amended, is a federal labor law.
The FLSA provides criteria for employers to classify their employees as exempt from overtime or nonexempt and eligible for overtime.
Exempt jobs primarily involve executive, administrative or professional duties as defined in the FLSA regulations.
Exempt employees are paid a predetermined and fixed salary that is not subject to reduction due to variations in the quality or quantity of work.
The amount of salary paid must meet a minimum specified amount.Slide4
FLSA
An employer who requires or permits a nonexempt employee to work overtime is required to pay the employee for overtime work.
‘suffers or permits’
The employer knew or should have known that the employee was working.
Work that was not requested but suffered or permitted to be performed is work time that must be paid for by the employer.
Requires the nonexempt employee’s commitment to
accurately
report all hours
worked and to inform
their
supervisor of
any additional
time
worked beyond their regularly scheduled work hours.
Nonexempt employees must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay.
The University pays overtime as one hour of pay and banks 30 minutes of compensatory time for each hour of overtime worked.Slide5
University Workweek
Employee Handbook
Section 4.5 Workweek and Work Hours
The University workweek is defined as a seven-day period that begins at 12:01 a.m. Monday and ends at 12:00 midnight Sunday
.
The work schedule can be adjusted within the same workweek to remain at 40 hours with the supervisor’s permission (flexing the work schedule).
Example: a nonexempt employee worked 10 minutes past scheduled lunch break due to a customer leaving late; with the supervisor’s permission, the employee could leave 10 minutes earlier
on that day or another day in the same
workweek or
come to work 10 minutes
later in the same workweek.Slide6
Overtime and Compensatory Time
Overtime
Working overtime requires the supervisor’s permission ahead of time; exceptions could occur in situations involving emergencies.
If a nonexempt employee works more than 8 hours in a day, the supervisor should be notified within 24 hours and arrange for compensatory time off within the same workweek (flexing the work schedule).
If the supervisor is unable to schedule compensatory time off in the same workweek, all hours worked must be reported and the nonexempt employee will be paid overtime as one hour of straight time and 30 minutes of compensatory time earned.Slide7
Overtime and Compensatory Time
Compensatory time earned can be used for planned time off, similar to vacation leave
.
Banked compensatory time should be taken as time off within 12 months of earning
it
.
Banked compensatory time will be paid upon termination of employment.
The maximum accrual of compensatory time is 240 hours; at that point, compensatory time is paid out in an amount to maintain a 240 hour balance.
Supervisory approval is required to pay out banked compensatory time on subsequent paychecks. Slide8
Rounding Up and Down
Rounding Up and Down and Adjusting Time Worked within the Same Workweek
Time worked is reported in 15 minute or quarter-hour increments.
If a nonexempt employee works 8 hours and 7 minutes one day, 8 hours worked is reported on the timesheet.
If a nonexempt employee works 8 hours and 8 minutes one day, 8.25 hours worked is reported on the timesheet.
If the supervisor adjusts the nonexempt employee’s schedule later in the workweek to offset the ¼ hour by having the employee work only 7 hours and 45 minutes on a subsequent day, 7.75 hours should be entered on that day.Slide9
What is Work time?
Lunch breaks of at least thirty minutes, free and clear of work, are unpaid time.
If a nonexempt employee’s unpaid lunch break is interrupted by work duties, any work in excess of 8 minutes is reported as time worked; if work in excess of 8 minutes occurs during the lunch break, inform the supervisor so an offsetting scheduling adjustment can be made.
The best practice is for nonexempt employees to take lunch breaks away from their work stations to avoid getting involved in work duties.
Breaks of 15 minutes or less, if taken, are considered work time and are reported as time worked.
Activities done to prepare for work and clean up time after closing are time worked.Slide10
What is Work Time?
Work performed at home is time worked; a nonexempt employee should not perform work duties while at home without the supervisor’s permission; time spent performing work duties at home must be reported on the timesheet.
Time spent attending conferences, training, and orientation is reported as time worked; time spent networking, eating meals, relaxing or sleeping in the hotel room, etc. is not work time. Time spent performing work in the hotel room is work time.
An employee cannot volunteer on an unpaid basis to perform the same services performed in their regular job or performed by other employees for pay; unauthorized and unapproved work is work and must be reported as time worked.
A nonexempt employee who disregards the supervisor’s instructions regarding their work schedule of 40 hours per week will be subject to disciplinary action.Slide11
What is work time?
Reading and responding to work emails, texts, and phone calls while off work is considered time worked. When the time spent exceeds 8 minutes, this time must be reported as at least .25 (one-fourth) hour on the timesheet.
Supervisors should consider using the Delay Delivery feature or saving emails written outside normal office hours to the drafts folder in Outlook and sending them to their nonexempt employees during a regular work day.
Nonexempt employees should avoid reading and responding to work-related emails outside of regular office hours, unless they have their supervisor’s permission. Responding to work-related text messages or phone calls is permitted without supervisory approval due the urgent nature of the contact.Slide12
Travel Time
Home to Work Travel: an employee who travels from home before the regular workday and returns to his/her home at the end of the workday is engaged in ordinary home to work travel, which is not work time.
Home to Work on a Special One Day Assignment in Another City: An employee who regularly works at a fixed location in one city is given a special one day assignment in another city and returns home the same day. The time spent in traveling to and returning from the other city is work time, except that the employer may deduct/not count that time the employee would normally spend commuting to the regular work site.Slide13
Travel Time
Travel That is All in a Day’s Work: Time spent by an employee in travel as part of their principal activity, such as travel from job site to job site during the workday, is work time and must be counted as hours worked.
Travel Away from the Home Community: Travel that keeps an employee away from home overnight is travel away from home. Travel away from home is clearly work time when it cuts across the employee’s workday. The time is not only hours worked on regular working days during normal working hours but also during corresponding hours on nonworking days. Slide14
Travel Time
Time spent in travel away from home outside of regular working hours as a passenger on an airplane, train, boat, bus, or automobile is not considered work time.
However, if the passenger prepares for a meeting, reads work-related materials, responds to emails, the passenger is working and must report time worked beyond 8 minutes.Slide15
Understand the
Work
Schedule
Limited to 40 hours per workweek.
If
unexpected events require a nonexempt employee to work
more than 8 hours on a particular day,
the supervisor must be informed as
soon as possible, but within 24 hours.
Nonexempt employees should arrive
at
the
scheduled start time and leave at
the
scheduled ending time.
Nonexempt employees should take lunch
breaks away from
their
work station.
Nonexempt employees shouldn’t read or answer
work-related emails
outside scheduled work hours.Slide16
Expectations
Nonexempt employees will inform their supervisor as soon as possible if they work more than 8 hours in a day.
Nonexempt employees will record time worked accurately on the time record.
Best practice is to record work time on a daily basis before one’s memory fades.Slide17
Consequences
Because of the serious consequences to the University if overtime laws are not followed, supervisors
have been instructed to initiate disciplinary action for
employees who
fail to follow the University’s time reporting policies.
Inaccurate reporting of hours worked.
Falsification of a timesheet.
Failure to inform the supervisors
of deviations from the scheduled work
time within 24 hours of its occurrence.
Working overtime
not due to
an emergency when
permission hasn’t been
granted.Slide18
University Policies
Employee Handbook
4.4.1.1 Professional Nonexempt Employees
4.5 Workweek and Work Hours
4.7 Rest Periods
4.8 Overtime Pay
4.9 Compensatory Time
7.1.2 Accrual – Exempt and Professional Non-exempt Employees
9.2 Attendance
9.2.2 Tardiness and Leaving Work Early
9.4 Disciplinary Guidelines for MisconductSlide19
Questions? Concerns?
Supervisors and employees with questions or concerns should contact the Office of Human Resources.
Concerns can also be reported anonymously by contacting the Ethics Hotline.
1-888-233-8988
or through the internet
https://
secure.ethicspoint.com/domain/en/report_custom.asp?clientid=17433