Presented by Human Resource Services Fair Labor Standards Act revised January 2013

Fair Labor Standards Act Defined Compensable Time Overtime Exemptions WAC Overtime Standards Penalties for Non-Compliance Overtime Management Additional Information and Resources Objectives

The Fair Labor Standards Act (FLSA) sets and regulates: Overtime Pay Minimum Wage ($7.25/hour federal) – (Washington State $9.19/hour on 1/1/2013) Equal Pay Record Keeping Child Labor standards Federal Law

All time from the start of the first principal activity of the day until the end of the last principal activity of the day. "Suffer or Permit to Work” ‒ Work is being performed in order to “permit” its performance. ‒ Employer requires or allows employees to work. What is Compensable Time?

Principal activities = the “activities an employee is employed to perform,” including any activities that are integral and indispensable to performing the principal activities. Work at home can be compensable, just like work in the office Administrative paperwork (e.g., timesheets) can be “work” There is significant litigation creating a debate as to whether the following can be work as well: ‒ Planning for the next day ‒ Calling in or checking ‒ Computer logon/logoff time Compensable Time

Civil Service Employees (WAC ) Hours of work in excess of 40 hours / week* Work on regularly scheduled day off Work on a holiday (WAC ) Work on personal holiday (WAC ) Administrative Professional Employees Hours of work in excess of 40 hours / week* Bargaining Unit Employees See Bargaining Unit Contract * Leave with pay is NOT considered time worked. What Creates Overtime for Overtime Eligible Employees?

Overtime eligible employees earn overtime at a rate of one and one-half times the regular rate. OPTIONAL - Voluntary compensatory time off in lieu of cash compensation (WAC ). Overtime Pay

WAC & WSU Policy 30 minute unpaid meal break toward middle of shift, cannot be over 5 hours past start of shift. 15 minute rest break for every 4 hours of work, cannot be later than 3 hours past. EXCEPTION: Meal period may not be required if an agreement is signed to voluntarily waive them on a regular basis. Meal and Rest Period Requirement

Overtime eligible employees may earn overtime for required travel.  Home to Work  Overnight Travel Away From Home  Public Transportation  Work While Traveling Required Travel

FLSA Exemption  Executive  Administrative  Professional  Computer Salary Test  $455/week ($23,660/year) Job Duties Test What Exempts a Position from Overtime?

Primary Duty Actual Duties vs. Described Duties Discretion and Independent Judgment Customarily and Regularly Matters of Significance / Weight of Decisions Job Duties Test

Volunteers An individual who performs hours of service for a public agency for civic, charitable, or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered, is considered to be a volunteer during such hours. Unpaid Internships An internship is a work-related learning experience for the benefit of individuals who wish to develop hands-on work experience in a certain occupational field. Non-Paid Positions

For willful violations, they may include criminal penalties of up to $11,000 in fines, up to six months imprisonment, or both, and civil penalties of $1,100 per violation. Employers will be liable to affected employees for unpaid minimum and/or overtime wages (back wages), plus an equal amount as liquidated damages, and may also be liable for attorney fees and court costs. Penalties for Non-Compliance

Provide up-to-date and valid position descriptions & expectations – actual duties vs. described duties Train employees on policies and procedures Make sure employees know they NEED to and are EXPECTED to take breaks Be aware of work weeks (WAC ) Take corrective action immediately Communicate Overtime Management

Potential for FLSA status change upon promotion, reallocation or change in job responsibilities. Concerns raised by exempt employees working unusually long hours over extended time period (whether they are compensated or not). Concerns by exempt employees regarding FLSA status. Appropriate level of oversight into employee’s work schedule, work practices, and accumulation of overtime. Employees working side-by-side; one being eligible for and paid overtime, the other is not. Be watchful of...

WAC through WAC U.S. Department of Labor Department of Labor & Industries Human Resource Services

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