Fair Labor Standards Act (FLSA)

FLSA FAQs

• What is overtime and compensatory time?

  Overtime:

  • All hours worked in excess of 40 hours in one work week. Overtime is paid at time and a half of the regular rate. Any overtime worked must be pre-approved by the supervisor.

  Compensatory time:

  • As a state agency, the College has the option of providing non-exempt employees compensatory time off, in lieu of overtime pay. Compensatory time is accrued at time and a half, and is recorded similarly to annual leave. An employee may accrue up to 240 hours of compensatory time, after which point any additional compensatory time is paid out as straight overtime. In certain cases, employees whose duties include “peak seasons” (i.e. Admissions counselors) may accrue up to 480 hours of compensatory time in their “bank.” Compensatory time will be tracked centrally through BANNER, has cash value, and will be paid out upon termination of employment. Additionally, any time accrued over the listed maximums will be paid out on the next check.
• Transitioning from exempt to non-exempt, will I miss a paycheck?

  No, you will not. Your pay schedule will continue, uninterrupted.

• Do temporary employees qualify for compensatory time?

  No, they do not. Any time worked beyond 40 hours in a work week will be paid at the overtime rate.

• Direct report now non-exempt from exempt, how as a manager does this affect me?

  • You are responsible for signing off on accurate time sheets for your direct reports in a timely manner. Time sheets should reflect any work done at home, such as checking and responding to e-mails or fielding work phone calls.

  • It is your responsibility to ensure that time is recorded accurately as it is worked.

  • Supervisors should be aware that any additional pay is charged to your Department, not the College. Flexible scheduling options are encouraged, when possible, to avoid overtime.

  • It is your responsibility to notify your employees of your expectations that no work be performed after-hours, unless required and approved in advance.

• I am currently exempt transitioning to non-exempt, what should I expect?

  • You must receive pre-approval to work overtime.

  • You must accurately record all hours worked in the College’s timekeeping system.

  • You cannot voluntarily work overtime for no pay.

  • Unless you have specifically been notified of a change in pay, this transition will have no impact on your direct deposit or salary amount.

  • The change will have no impact on your benefits. You may gain additional compensatory leave time for extra hours worked, but your accrual rate of annual and sick leave will not be impacted.

• What happens when an employee works overtime but didn't have manager approval?

  The employee is entitled to either compensatory time or overtime, whether the overtime was approved or not. The department is liable for any overtime. If an employee works overtime without receiving advance approval, then the employee can be disciplined according to the College’s Code of Conduct and Disciplinary Actions Policy. As always, please contact Human Resources prior to addressing any disciplinary action.

• If employee has multiple positions, what are the applicable FLSA regulations?

  Yes. Employees who have dual or multiple positions will be impacted, as well as the Department that is liable for overtime in these dual or multiple positions. Per the Fair Labor Standards Act, an employee can only have one FLSA status of either exempt or non-exempt. If the primary position is non-exempt, then any other positions held by the same employee would also be considered non-exempt. Hours worked in multiple assignments with the College (or other state agencies) will be treated collectively for overtime purposes.

• Will I still get paid if I don't submit my time report on time?

  Our Payroll Office cannot process your paycheck without your time report. Supervisors are responsible for submitting an accurate and complete time sheet by the deadline.

• How are non-exempt employees compensated while traveling?

  Non-Exempt (Hourly) Staff Travel Guidelines
  
  First, you should establish what the employee’s “regular workday” is. Generally, this is 8:00-5:00, or 8:30-5:00.

  
  Second, any time spent working, at any site or at any point in the day, should be compensated. This includes checking emails, making work-related calls, visits, or appearances, and/or performing any work-related duties at home, in transit, or at any location.

  
  Daily Home-to-Work Travel

  • Ordinary home to work travel to and from any “regular” work site, which generally falls outside of the regular workday, is not considered work time, and is not compensated.
  • If an employee is asked to take on a one-day or limited assignment (that does not keep them away from home overnight) at a site of a greater distance from their home than their regular site of employment, they can be compensated for the time spent in transit, with the duration of their ordinary home to work travel and any meal time deducted.
  • If an employee is called to perform an “emergency” task at a site of “substantial distance” outside of their work hours, they may be compensated for their travel.

  
  Local Work-Related (One Day) Travel
  

  • All time spent traveling (as driver or passenger) to work-related sites during and outside of the workday as part of the employee’s primary duties of the employee should be counted as work time and compensated.

  Overnight Travel
  

  • Travel that keeps an employee away from home overnight is defined as “travel away from home,” and carries its own rules.

  • The employee should be compensated for:
    • Time spent in transit (as driver or passenger) during regular workday hours (including weekends).
    • Time spent driving vehicle to-and-from work-related activities during or outside of regular workday hours (including weekends).
    • Time spent attending work-related events, during or outside of regular workday hours (including weekends).
    • Time spent working, at any location, during or outside of regular workday hours (including weekends).
  • The employee should not be compensated for:
    • Time spent in transit as passenger outside of regular workday hours while not performing work.
    • Time spent during or outside of regular workday hours performing non-work related activities (going to movies, sleeping, etc.)
    • If an employee is offered covered transportation to an event by their employer, but requests instead to drive their own vehicle, the employer may choose to compensate either the actual time the employee spent driving in transit, or the amount the employee would have been paid as a passenger. 
    • If non-exempt employee is serving as a chaperone for students, they should be compensated for time spent supervising, including time in transit, both during and outside of normal work hours. These employees should not be compensated for time spent resting, sleeping, or at duty-free meals. 
• Are non-exempt employees compensated while attending an event or conference?

  A non-exempt employee should be compensated while attending any event or conference unless all four of these stipulations are met:

  • Attendance is outside of the employee’s regular work hours

  • Attendance is completely voluntary. Employee cannot be led to believe that failure to attend the event or conference will adversely impact their employment.

  • The event or conference is not related to the employee’s current work in any way; and

  • The employee does not perform any work-related tasks while attending the event of conference