Draft FAIR LABOR STANDARDS ACT Exempt Hours Administration

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1 Draft FAIR LABOR STANDARDS ACT Exempt Hours Administration Office of Human Resources and Workforce Diversity 1

2 FLSA The Fair Labor Standards Act (FLSA) of 1938 is the US federal wage and hour law, administered by the US DOL. Establishes the minimum wage and overtime pay. Everyone is covered but some employees are exempt (salaried) from FLSA regulations and some are nonexempt (hourly). The FLSA requires 1.5 times the regular rate of pay in Overtime or Compensatory time be paid for all hours worked over 40 in a workweek for nonexempt employees. 2

3 WHAT IS CHANGING? The US DOL is proposing to change the minimum salary threshold, above which an employee can potentially be considered exempt. Proposal is to raise the minimum salary threshold to the 40 th percentile of weekly earnings for fulltime salaried workers. $970 a week or $50,440 per year. The effective date is unknown, but it could be as early as January

4 WHO IS AFFECTED? Some exempt University Staff will become nonexempt. Many noninstructional Academic Staff will become nonexempt. All academic staff have historically been exempt. Academic staff that become nonexempt will remain academic staff. They will become hourly academic staff, not University Staff. Faculty and instructional academic staff whose primary duties are teaching will remain exempt regardless of their salaries. Teachers, lawyers, and doctors qualify for this professional exemption. 4

5 FOR NONEXEMPT What Constitutes Hours Worked? 5

6 Nonexempt employees must be paid at premium rate or receive compensatory time credits at a rate of 1.5 hours per hour worked over 40 in a workweek Hours worked do not include hours of paid leave time UPS Operational Policy TC 3: Compensation 6

7 Compensable hours worked are the same for nonexempt University Staff and nonexempt Academic Staff. Nonexempt is nonexempt 7

8 Unless agreed to otherwise, the UW institution has the authority to decide whether to provide compensatory time credits or cash payment. The employer will have discretion to approve scheduled use of compensatory time. 8

9 Waiting Periods DWD (2)(b) Work Time. Unpredictable short periods of inactivity when the employee is unable to use the time effectively for his or her own purposes. 9

10 Waiting Periods DWD (2)(b) Nonwork Time. Periods of inactivity where the employee knows in advance that he or she may leave the workplace or when the length of time is long enough (at least an hour) for the employee to use the time to his or her own purpose. 10

11 Meal Periods and Breaks DWD (2)(c) Work Time. Where the employee is not completely relieved of duties or where the period is less than 30 minutes in length. If the employee eats at his or her desk and listens for the phone it is work time. Breaks of 15 minutes or less are considered work time. 11

12 Meal Periods and Breaks DWD (2)(c) Nonwork Time. Periods of 30 minutes or more where the employee is entirely relieved of duties for the purpose of a meal. 12

13 Meal Periods and Breaks DWD (2)(c) Nonwork Time. Periods of 30 minutes or more where the employee is entirely relieved of duties for the purpose of a meal. 13

14 Preparatory and Concluding Activities DWD (2)(e) Nonwork Time. Changing clothes for the employee s convenience, putting away tools if enough time is already allowed; waiting in line to punch in or punch out or waiting to start work at a designated hour. 14

15 Work at Home DWD (2)(a) Work Time. Work at home which is permitted but not requested by the employer Nonwork Time. Work done at home of which the employer has no knowledge or no means of acquiring knowledge and work done contrary to the employer s instructions 15

16 Training Time DWD (2)(f) Work Time. Attendance at lectures, training programs and similar activities outside of regular work hours must be counted as work time if the employee is led to believe that attendance is mandatory or involuntary. 16

17 Training Time DWD (2)(f) Nonwork Time. Attendance at lectures, training programs and similar activities which is voluntary, outside of working hours, and not directly related to the employee's job. Training is considered directly related to the job if it is designed to make the employee more effective at his/her present job. 17

18 Travel Time DWD (2)(g) Work Time. Travel to a meeting place or alternate work location during the normal work day; travel site to site as part of the employee s normal duties; travel required to go a considerable distance after hours to respond to an emergency; travel to another city or location for a special or unusual one-day assignment. 18

19 Travel Time DWD (2)(g) Nonwork Time. Travel to and from the employee s home to the work site; travel required to return to the workplace after hours to respond to an emergency. 19

20 Overnight Travel DWD (2)(g) Work Time. Travel time that keeps an employee away from home overnight is work time when it cuts across the regular work day. Only hours spent in travel during the regular work day are counted as work time. 20

21 Overnight Travel DWD (2)(g) If travel is not on a regularly scheduled work day, only those hours that would be work hours on a normal day should be counted. If the employee is offered public transportation and requests to drive a personal vehicle instead, the employer may count the time spent driving, or the time the employee would have spent on the public transportation. 21

22 Work Performed while Traveling DWD (2)(g) Work Time. Any work which an employee is required to perform while traveling even if it is not during regularly scheduled hours. Nonwork Time. Bona fide meal and sleep periods. 22

23 Occasional or Sporadic Employment May be Work Time Occasional or sporadic means infrequent, irregular, or scattered, even if repeated. Work that recurs every other week is not occasional or sporadic. Different capacity means different occupational category. 23

24 Occasional or Sporadic Employment For example, a Typist and a File Clerk are different occupational categories unless the Typist does some filing for his/her regular job. If the Typist regularly performs 10% filing, then an extra Temporary job filing is not in a different capacity, and must be compensated as work hours for the regular job. 24

25 Remember that an employee may not volunteer for his/her employer, to perform extra duties related to his/her job Employees cannot waive payment for compensable time 25

26 Examples of Nonwork Time Attendance at a college or trade school after hours on the employee s own initiative, even if the course is related to the employee s job. Attendance outside of working hours at specialized or follow up training that is required by law for certification. 26

27 FOR NONEXEMPT Wrap-Up 27

28 There is no distinction in timekeeping requirements between nonexempt University Staff and nonexempt Academic Staff Overtime or Comp Time is earned after 40 hours worked in a work week Paid leave time does not count into the 40 hours 30 minutes or more for lunch are unpaid 28

29 The employer must pay for any work done by a nonexempt employee of which it had knowledge even if the work was not officially approved. Any work performed by the nonexempt employee which the employer allows and does not affirmatively stop is paid work time. 29

30 QUESTIONS? 30

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