FLSA Quick Training

Keep This in Mind

Definitions:

  • Classification of employees: (contact HR to determine exemption status)

    • Exempt Employee

      • Specialized duties
      • Compensated for doing a job rather than for the hours spent (min $455/week)
      • Not required to pay them overtime
      • Previously defined by the DOL as “Professional Employees”
    • Non-Exempt (Wage-and-Hourly) Employee

      • Compensated specifically for the hours spent working
      • Required to pay overtime for hours worked over 40 hours in a work week
      • Should receive benefits if working at least 20 hours per week on an ongoing basis. (Student positions not included) (See Policy 301 Section 2.4(4))
      • Previously defined by the DOL as “Classified Employees”
  • Overtime compensation: 1½ the regular rate of pay to be paid the employee, or taken as paid leave at a rate of 1½ of overtime hours (compensatory time).

  • USU's work week begins at 12:01 am on Saturday and ends Friday at 12:00 midnight.

  • Hours Worked: Time spent by an employee engaged in any part of the job's main duties.

What to do:

The supervisor determines whether to give overtime pay or compensatory time off. Generally, overtime work is discouraged, and must be pre-authorized by the supervisor. See Policy 378

Overtime

  • University employees may not volunteer to perform the same type of services they are employed to perform. If they do, it is considered work as employees and must be compensated at 1½ times their regular rate if over 40 hours in a work week.

  • NOTE: Agreeing to work overtime when requested by a supervisor is a condition of employment. Refusal to work a reasonable amount of overtime, especially under emergency conditions, may result in corrective action. See Policy 378

Compensatory Time

  • Compensatory time should be used in the same pay period. The time may, however, accumulate to a maximum of 120 hours.

  • These hours should be compensated as soon as possible.

Record ALL hours worked: USU is required (by federal law) to pay for ALL time worked by an hourly employee, even work which is performed:

  • During break-time

  • Before clocking in

  • After clocking out

  • Any other “off the clock” time while at USU

  • At home

  • During lunch

  • Without permission

  • And even time spent waiting, due to interruptions beyond the employee’s control.

Short breaks (5-15 min.) are compensated. Breaks of 16 min or more (ex. lunch) are not compensated.

Breaks are not cumulative and should not be taken at the start or end of the work day.

USU encourages employees to leave their work station during meal and rest periods.

Remember: All hours worked by non-exempt employees must be signed by the employee, and approved by the department head/supervisor.

  • Check that the employee has signed his/her time card.

  • You approve (i.e. sign or approve in banner) the time records for each month for each employee.

  • Keep the signed accurate record at the departmental/unit level for three years.

Last Updated on 7/19/12

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