CALS Business Officers Meeting – May 24, 2016
FLSA FAQ’sEXEMPT TO NON-EXEMPT
(additional FAQ’s at Division of Human Resources)
1)How will this change affect employees who are also property caretakers or employees who work at the James 4-H Camp which require overnight stays?
Non-exempt employees are paid for all time worked and for the time spent in response to an emergency situation, for example (may be required as a condition of employment requiring employees to reside at UA property sites or camp overnight stays).
2)If an employee works overtime without having obtained prior approval from his/her supervisor, do they still have to receive compensatory time or overtime pay?
Yes, in accordance with the FLSA, the employee would still need to be paid for hours worked. However, as long as the supervisor has clearly communicated the pre-approval requirement, failure to gain pre-approval may be addressed through the disciplinary process to prevent future occurrences.
3)How will this affect Graduate Students?
Graduate students performing research or teaching are fulfilling requirements of an advanced degree. These students are not considered for the purposes of the FLSA to have an employee-employer relationship, therefore, FLSA does not apply to them.
4)How will this affect appointed personnel?
Appointed personnel who do not meet the FLSA salary threshold and/or meet the duties test, will remain in the Appointed Personnel employment category. These individuals will receive a new notice of appointment that contains an hourly wage.
5)I’ve been told that I can’t check and respond to emails on my own time because this may be considered overtime. It’s an expectation that I stay on top of these communications and sometimes my boss needs some answers before the next day? Should I tell her she can’t count on me?
It would be better to have a discussion about expectations, options for managing time, and requirements for reporting time worked. All work-related activities, even “casual” work such as checking or responding to email counts as time worked. Obtain approval from the supervisor to work any hours above the regular FTE.
6)I work extra hours because I don’t want to get overwhelmed by the volume of work I have every day. I don’t want extra pay, I’d rather be stress-free. If my supervisor and I agree can’t I just continue if this arrangement works for both of us?
No, all work-related activities, even voluntary, must be reported as time worked. It would be better to have a discussion about expectations, options for managing time, and requirements for reporting time worked.
7)I have to work as many hours as it takes to stay on top of my research which often involves working a non-traditional schedule. I can’t just stop, call my PI to get permission to continue my experiment or wait for days to get a response. My career and livelihood is dependent on my post-doc work. What should I do?
Postdocs positions are considered exempt based on their job duties; however, any individual postdoc who does not earn the minimum threshold of $913 per week will be non-exempt and eligible for overtime or compensatory time.Recommend a discussion with the PI discuss how work can be accomplished while still complying with the FLSA regulations. To better align with the FLSA changes, the NIH plans to increase the awards to postdoctoral NSRA recipients to above the new minimum threshold.
8)My supervisor is asking that I work overtime but not report it because he can’t afford to pay me. How can I submit my time sheet supposedly confirming it is true and accurate? What do I do when my future employment is in his hands?
Employee must not put themselves in a position of violating policies and regulations. All time worked is reported and the employee is compensated (or receives compensatory time) for that time. Education of responsibilities, stewardship, risks, etc., may be needed to address the situation. Seek assistance from your Business Officer or Human Resources.
9)Who is responsible for authorizing and scheduling overtime? What happens if an employee continues to work overtime without pre-approval?
Supervisors are responsible for ensuring non-exempt employees are informed they may not work overtime without prior approval. Non-exempt employees are responsible for gaining approval prior to scheduling and working overtime. Occasionally non-exempt employees may be requested to work overtime by their supervisors.
As long as the supervisor has clearly communicated the pre-approval requirement, failure to gain pre-approval may be addressed through the disciplinary process to prevent future occurrences.
10)What is the maximum accrual for compensatory time? What if an employee accrues more than the maximum?
The maximum accrual for compensatory time is 120 hours. After a non-exempt employee has accrued 120 hours of compensatory time off (prorated by FTE), all subsequent overtime hours worked are paid in cash. Exceptions to this rule are possible only with written approval in advance from the appropriate dean or vice president; however, the accrual of compensatory time off may never exceed 240 hours (prorated by FTE).
Because compensatory time is an unfunded fiscal liability, departments may establish fiscally prudent departmental policies that further limit the accrual of compensatory time. Department administrators are responsible for ensuring that compensatory time balances do not become excessive.
11)In response to the new overtime rule, what can departments do?
a)Pay time-and-a-half for overtime work.
b)Raise workers’ salaries above the new threshold.
c)Limit workers’ hours to 40 per week.
d)Some combination of the above.
Cristina Castro Harrington, Director-CALS HRPage 1 of 1