The Impact of Changes to the FLSA

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1 The Impact of Changes to the FLSA HUMAN RESOURCES DEPARTMENT TIM MCFARLING OCTOBER/NOVEMBER 2016

2 FLSA Background 1938 The FLSA Becomes Law: 40-hour week, minimum wage, overtime, prohibited employment of minors 1975 Minimum Threshold: $250 per week 2004 Minimum Threshold: $455 per week 2016 Minimum Threshold: $913 per week

3 The good news Higher compensation to salaried and hourly workers ofrom $23,600 in 2004 To $47,476 in 2016 oovertime pay Work-life balance (predictable schedule) Salary threshold won t fall behind updated every three years

4 FLSA Basics: Exempt vs Non-Exempt The FLSA established three tests that must be met in order for an employee to be exempt (paid a salary) from overtime pay eligibility: Salary Basis Test - the employee must be paid a predetermined and fixed salary that is not subject to reduction because of variations in the quality or quantity of work performed; Salary Level Test* - the amount of salary paid must meet a minimum specified amount ($47,476); Duties Test

5 Test for Exemption-Job Duties Executive Employees Managing the enterprise Directing the work of two or more employees Hiring and firing other employees Administrative Employees Managing the office or general business operations of employer or employer s customers Exercising discretion and independent judgement in significant matters Professional Employees Doing work that requires advanced knowledge, gained through specialized instruction. Learned professional Computer Systems Employees Applying systems analysis techniques and procedures Designing, documenting, developing or modifying computer systems or programs

6 Summary of FLSA changes The minimum salary threshold for individuals to be exempt from overtime will increase from $455 per week ($23,660 annually) to $913 per week ($47,476). The minimum salary threshold will be automatically updated every three years to remain at the 40 th percentile of the overall labor market. Must be implemented by December 1, 2016

7 The Approach at UNR Administrative Faculty: All non-teaching range 1 positions regardless of salary Range 2 positions with an incumbent earning less than $47,476 and all peers in the same job Any part-time position earning less than $913 per week Post Docs and Academic Research Faculty Full-time positions earning less than $47,476 (non-instructional) Part-time positions earning less than $913 per week (non-instructional)

8 Impact to University Population 66 Departments Highest impact in Student Services and Intercollegiate Athletics 110 Administrative Faculty positions are impacted Those employees will: Become non-exempt Be required to maintain a work schedule at the department level (same requirement is for classified employees) Qualify for overtime pay in the form of compensatory time if they work more than 40 hours per week Academic Support Personnel Academic advisors paid equivalent to lecturers - $42, Postdocs & Academic Researchers are impacted Overall strategy Increase to full time and pay $47,476 Teaching is always considered exempt under FLSA

9 What is Changing? The FLSA changes create overtime eligible Admin Faculty This means: Employees remain Admin Faculty - but now they are eligible to be compensated for overtime worked Impacted employees must maintain a written work schedule Leave must be taken in hour increments for overtime eligible administrative faculty (exempt administrative faculty continue to use leave in full and half day increments) All Admin Faculty benefits remain intact

10 Overtime Eligible Administrative Faculty - Related Policies and Practices

11 Do I Have to Maintain a Weekly Schedule? Employees must establish (and managers must approve) a schedule for daily and weekly hours Overtime Eligible Administrative Faculty and Classified Staff Departments are responsible for maintaining, electronically or on paper, the employee s weekly schedule

12 Do I Have to Track My Time? Employees have to keep track of the hours they work Most employees will not need to complete a timesheet Any annual or sick leave taken must be recorded as an exception to the regular schedule through a Leave Request (i-leave) Employees now take leave in hour increments rather than in 4 hour blocks Employees enter overtime worked in i-leave

13 Comparison of Overtime Rules Overtime is hours worked in excess of Annual leave, sick leave, and paid holidays Overtime must be approved by Departments are encouraged to use flexible schedules to OVERTIME ELIGIBLE ADMINISTRATIVE FACULTY CLASSIFIED STAFF 40 hours in a workweek 8 in a day or 40 hours in a workweek does not count towards time worked for overtime the employee s supervisor in advance minimize the need for overtime does count towards time worked for overtime the employee s supervisor in advance minimize the need for overtime

14 Compensatory Time Guidelines Preferred method of payment is compensatory time, earned at a rate of time and one-half Departments may compensate by cash payment Comp time off must be requested and approved in advance Comp time should be used with 6 months of date earned Maximum comp time accrual is 120 hours If absence is covered under FMLA, sick leave, comp time and annual leave is the order of usage Comp time tracked and requested in i-leave Cash Pay of OT on PR-24 to payroll

15 What Counts as Work? Work includes, but is not limited to: Performing your principal assignment Required trainings Work required travel Telephone conversations Responding to work related s Texting for work related purposes Donning and doffing equipment

16 What Counts as Work? ON-CALL WORK WORK REQUIRED TRAVEL Employees required to be On-Call will be compensate 5% of their hourly rate Only time spent engaging in work when responding to a call is considered time worked and included for overtime calculations Travel time for work related travel is included as actual work time, counts towards the 40 hours a week, and is eligible for overtime compensation Regular home to work travel does not count towards time worked and is not compensated Sleeping in hotel while traveling is not time worked

17 Do I have to Think about Breaks and Meals? Employees are eligible for 15 minutes paid rest periods for every 4 hours worked Employees must take a 30 minute meal period if working more than 6 hours

18 Employee and Manager Responsibilities

19 Employee Responsibilities Employees are responsible for: Adhering to the established schedule Informing/requesting manager approval prior to working overtime Entering overtime worked in i-leave or submitting PR-24 Requesting annual, sick Leave or comp time Using any accrued comp time within 6 months

20 Manager Responsibilities Managers are responsible for: Establishing, storing, and monitoring a schedule of the daily and weekly hours their employees work Reviewing overtime requests prior to an employee working over 40 hours Proactively managing employee workloads and using flexible scheduling Communicating clear expectations to employees Guidelines for overtime incremental time

21 Employee and Manager Opportunities Reexamine department workloads and assigned duties Utilize flexible schedules to manage high volume time periods Utilize flexible schedules to improve work/life balance Increase communication

22 What s Next?

23 What s Next Changes go into effect on December 1 Overtime Eligible employees notified of status change Campus communication to all employees regarding the change Publish the policies on the web Employees and managers should work together now to: Examine workloads and assigned duties Make any necessary adjustments to reduce the need for overtime Establish a schedule of daily and weekly hours

24 Resources Department of Labor Overtime Rules UNR FLSA Policies Questions Contact Tim McFarling Phone

25

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