1. Herbert Wertheim College of Medicine Time & Labor Training for Non-Exempt Employees and Supervisors (Policies and Regulations)
Welcome to Herbert Wertheim College of Medicine’s Time and Labor Training for Non-Exempt Employees.
Human Resources

2. Herbert Wertheim College of Medicine Time & Labor
AGENDA
FLSA Regulation
Overtime Regulation
Hours Worked
Workweek
Timesheet Example
Scenarios
Vacation and Sick Leave
Time Accruals
Meal and Break Periods
Training Time
Travel Time
Resources and Contacts
Today’s training will provide you with an overview of the Fair Labor Standards Act regulations, FIU policies, and a step by step review of the PantherSoft system procedures.

3. FLSA REGULATION
The FLSA (Fair Labor Standards Act) established in 1938 is the Federal law administered by the Department of Labor which establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments
FLSA determines which jobs are eligible for overtime pay:
Duties Test (Executive, Professional, Administrative, Computer)
Salary Test (minimum salary threshold)
The CURRENT minimum annual salary threshold established by the FLSA is $23,660 annually, or $455/weekly
The Fair Labor Standards Act, FLSA, is a federal law established by the Department of Labor which governs minimum wage, overtime pay, recordkeeping, and youth employment.
FLSA determines which positions are eligible for overtime pay and which positions are exempt. Therefore, creating two position categories: exempt and non-exempt.
FLSA determines which positions are eligible for overtime pay by conducting a duties and salary test. A position that passes the duties test and also meets the salary threshold must be categorized as exempt. Positions that do not meet both tests are categorized as non-exempt. The salary test establishes a minimum annual salary threshold, of $23,660.

4. OVERTIME REGULATION
Non-exempt employees are entitled to overtime (OT) compensation at a rate no less than one and one-half times the regular rate of pay for hours worked in excess of 40 hours in a workweek
The FLSA regulation on overtime states non-exempt employees must be compensated at a rate of no less than one and a half times the regular rate of pay for any hours worked in excess of 40 in a workweek.

5. OVERTIME REGULATION
Non-exempt employees are entitled to overtime (OT) compensation at a rate no less than one and one-half times the regular rate of pay for hours worked in excess of 40 hours in a workweek
Need to report time in and out – actual hours worked
Eligible for overtime
Non-exempt employees must report their in and out time on a daily basis. If 40 or more hours are worked in a workweek non exempt employees will be eligible for overtime pay.

6. OVERTIME REGULATION
Non-exempt employees are entitled to overtime (OT) compensation at a rate no less than one and one-half times the regular rate of pay for hours worked in excess of 40 hours in a workweek
Compensated at time and a half either as pay or comp time accrued
Overtime pay example: $10.00/hr x 1.5 = $15.00/hr
Compensatory time example: 4 hours overtime x 1.5/hr = 6 hours comp time
The system calculates this information automatically
Overtime must be approved by the supervisor prior to the work being performed
Non exempt employees may be compensated for overtime by receiving payment at one and a half times their hourly rate of pay or banking the overtime hours into their compensatory leave time.
Temporary employees are not eligible for compensatory time and therefore must be compensated for overtime at one and a half times their hourly rate of pay.
For example, if a non-exempt employee earns ten dollars per hour, their overtime rate would be ten dollars times one and a half which equals to fifteen dollars per hour.
Compensatory time is also an option available to compensate benefit eligible employees for overtime. The employee may bank the overtime hours into their leave balances instead of receiving monetary payment. Compensatory time is calculated using the same previously stated equation. For example, if a non-exempt employee works four hours of overtime the four hours are multiplied by one and a half, equaling to a total of six hours. Therefore, the non exempt employee may bank up to six hours into their compensatory leave balance.
There is no need to manually calculate overtime as the PantherSoft system calculates it automatically.
It is very important for overtime hours to be approved by your supervisor before the hours are accrued. If, for an unforeseen reason, overtime is performed without the authorization of your supervisor they must be informed as soon as possible.

7. HOURS WORKED
Non-exempt employees are entitled to overtime (OT) compensation at a rate no less than one and one-half times the regular rate of pay for hours worked in excess of 40 hours in a workweek
All hours that an employee works must be accurately documented
Employees must be paid for all hours worked
If the employee works extra hours, those hours must be recorded in PantherSoft HR and paid, even if the supervisor did not authorize the hours
Leave hours taken and holidays are not considered “hours worked”, therefore, would not count toward the 40 hours and would not contribute to overtime pay
It is crucial that all hours worked are accurately documented. It is incorrect to enter your scheduled time, for example 8:30am to 5:00pm if that was not the actual time you started and finished working. This means, if you begin to work at 8:28am and leave at 5:05pm that is the exact time that you should be entering in your timesheet.
Employees must be paid for all hours worked. Therefore, there should be no volunteering of time worked. With this said, all employee's are responsible for entering all hours worked accurately into their timesheet.
As per the previous slide, all overtime must be communicated to your supervisor prior to accruing the hours. However, if you were unable to notify your supervisor prior to accruing the overtime hours, they must still be recorded in PantherSoft for payment.
Overtime is paid for hours worked in excess of 40 hours in a workweek. Leave hours and holidays are not considered hours worked, therefore, do not count towards the 40 hours and would not contribute to overtime pay.

8. HOURS WORKED Examples: Checking e-mail at home
Checking wireless devices for messages
Calling in to discuss assignments
Reviewing documents at home
It is important to note that the following examples: reviewing s at home, checking your cellphone for work related messages, discussing assignments via phone, and reviewing documents outside of work are all considered hours worked and must be reported on your timesheet. Please consult with your supervisor if the mentioned activates are expected of you.

9. WORKWEEK
Non-exempt employees are entitled to overtime (OT) compensation at a rate no less than one and one-half times the regular rate of pay for hours worked in excess of 40 hours in a workweek
Each workweek stands by itself
Workweek is 7 consecutive 24 hour periods (168 hours) as determined by an employer
The FIU workweek begins on Saturday at 12:01am and ends on Friday at midnight
An hourly employee’s scheduled hours could be adjusted by the supervisor to meet the needs of the department within the same workweek (flex time)
Please note, even though a pay period consist of two consecutive weeks, every week stands by itself. A workweek consist of seven consecutive 24 hour periods. The FIU’s workweek begins on Saturday at 12:01am and ends on Friday at midnight.
Supervisor’s have the ability to adjust their employee’s time within the same workweek to meet the needs of the operation or to avoid overtime hours. This is called flex time. The adjustment must be made within the same workweek and must not be confused with within the same pay period.

10. TIMESHEET EXAMPLE
42 hours worked (2 hours overtime pay) 40 hours worked (flex time)
We will now review two examples of flex time.
In the first example, the employee worked their normal schedule of 8:30am to 5:00pm on Monday and Tuesday. On Wednesday, the employee began working at 8:30am, which was their normal scheduled time, but had to stay late till 7:00pm. Then on Thursday and Friday the employee once again worked their normal schedule. Therefore, this employees worked a total of 42 hours during the workweek of which 40 were regular hours and 2 were overtime hours.
In the second example, on Monday and Tuesday the employee worked their normal schedule 8:30am to 5:00pm. On Wednesday, the employee began working at 8:30am, their normal scheduled time, but also had to stay late till 7:00pm. However, in this case the supervisor adjusted the employee’s schedule for the next day to compensate for the two extra hours the employee stayed late. Therefore, on Thursday the employee started to work at 10:30am, two hours later then their normal schedule, and left at their normal scheduled time of 5:00pm. On Friday the employee also worked their normal schedule. At the end of the week, this employee had worked a total of 40 hours and did not accrue any overtime.
It is crucial for flex time to be adjusted within the same week, since every week stands by itself.

11. SCENARIOS
Scenario 1: Nancy worked 40 hours the first week of the pay period (09/01 to 09/07). Nancy worked 5 additional hours on 09/08 (Saturday). Total hours worked on the first workweek are 40 hours.
NO overtime pay.
Scenario 2: Nancy worked 5 additional hours on 09/08 (Saturday). Nancy worked 40 hours between 09/10 (Monday) and 09/14 (Friday). The total hours worked for the second week of the pay period would be 45 hours.
5 hours of overtime pay.
Scenario 3: Joe attended a community event on 09/01 (Saturday) and worked for 8 hours. Monday, 09/03, was a holiday. Joe worked 8 hours each day for the rest of the week (Tuesday through Friday). Total hours worked on the first workweek are 40 hours (Holidays are not considered hours worked and are excluded from overtime calculation).
To recap, let’s review three scenarios. You will have to determine how many hours of overtime the employee worked for each. You may use the weeks depicted at the bottom of the slide for assistance.
Scenario 1: Nancy worked 40 hours the first week of the pay period, September 1st to September 7th. In addition, Nancy worked 5 additional hours on Saturday, September 8th. How many hours of overtime did Nancy accrue?
The correct response is that Nancy did not accrue any overtime during the first week of the pay period. Saturday, September 8th falls within the second week of the pay period and since every week stands by itself, Nancy only worked a total of 40 hours for the week of September 1st to September 7th .
Scenario 2: Nancy worked 5 additional hours on Saturday, September 8th. Nancy then worked 40 hours between Monday, September 10th and Friday, September 14th. How many hours of overtime did Nancy accrue?
The correct response is that Nancy worked 5 hours of overtime. Since Saturday, September 8th falls within the same work week as Monday, September 10th through Friday, September 14th she worked a total of 45 hours during the same workweek, 40 regular hours and 5 overtime hours.
Scenario 3: Joe attended a community event on Saturday, September 1st and worked for 8 hours. Monday, September 3rd, was a holiday. Joe worked 8 hours each day for the rest of the week Tuesday through Friday. What was Joe’s total over time hours?
Since holidays are excluded from the overtime calculation, Joe did not accrue any overtime. Joe was paid 40 regular hours and 8 hours of holiday pay.
09/01
09/07
Saturday
Friday
09/08
09/14

12. VACATION AND SICK LEAVE
VACATION LEAVE
Vacation leave must be approved by the supervisor prior to the employee taking the time off from work
An employee may carry over vacation leave from year to year up to the maximum accrual rate
After one (1) year of continuous employment, an employee who separates from the University shall be paid for all unused vacation leave not to exceed the maximum accrual amount
SICK LEAVE
An employee may carry over sick leave hours from year to year
Sick leave will not be paid out upon separation
Employees must use sick leave for its intended purpose. Supervisors will monitor employee use of sick leave for patterns of abuse.
The employee or supervisor is responsible for reporting any medical leave of absences to the Human Resources Team. The leave must be reported if it consists of four (4) or more consecutive business days.
Now we will dive into the regulations and procedures for vacation and sick leave.
Any request for vacation leave must be approved by the supervisor prior to the employee taking time off. Every employee must follow their departments procedure to comply with submitting their request with ample amount of time.
Vacation leave is carried over year to year. However, there is a maximum accrual rate at which point employees will not be able to accumulate any additional hours until vacation time is used. After one year of continuous employment, if an employee separates from the University, all unused vacation leave will be paid out. In terms of sick leave, it is also carried over year to year but contrary to vacation leave, sick leave is not paid out upon separation.
It is imperative that sick leave be used for its intended purpose. For example, illness or injury, or medical appointments for the employee or their immediate family member, etc. Please keep in mind supervisors will monitor the use of sick leave for patterns of abuse.
If an employee is out four or more consecutive business days for medical reasons, the employee or supervisor is responsible for reporting a medical leave of absence to Human Resources.

13. TIME ACCRUALS Length of Service Hours Accrued per Pay Period
Vacation Accrual Nonexempt
Length of Service
Hours Accrued per Pay Period
Maximum Accrual
Less than 5 years
5 hours
250 hours
More than 5 years but less than 10 years
6 hours
More than 10 years
7 hours
Sick Time Accrual
As a newly hired full-time non-exempt employee you will be accruing five hours of vacation leave per pay period. As you accumulate years of service the accrual rate will increase. Once you reach more than five years of service the accrual rate goes up to six hours per pay period and once you reach more than ten years of service the accrual rate goes up to seven hours. The maximum accrual for vacation leave is 250 hours, at which point you will stop accruing until vacation time is taken. FIU encourages its employees to use their vacation time to promote good physical and mental health.
In addition, all full-time benefit eligible employees accumulate four hours of sick leave per pay period and there is no maximum accrual.
Hours Accrued per Pay Period
Maximum Accrual
4 hours
No Maximum Accrual

14. MEAL AND BREAK PERIODS
Meal periods are not hours worked when the employee is relieved of duties
There are no mandated breaks under Florida law
FIU policy allows a 30-minute unpaid lunch per 6 hours worked
Breaks of short duration (normally 5 to 15 minutes) are counted as hours worked and must be paid
Break schedules are established by departments to meet the needs of the operation
FIU generally allows employees to combine the 30-minute lunch with two 15-minute breaks for a total 1-hour lunch break
We will now move on to reviewing meal and break periods.
Please note that, there is no mandated breaks under Florida law. However, FIU highly encourages all employee to take their allowed breaks.
FIU policy allows a 30-minute unpaid lunch break if an employee works six or more hours. As you may have noticed the work schedule, for example 8:30am to 5:00pm, totals eight and a half hours, which includes the 30 minutes of unpaid time you should be taking for lunch.
In addition to the 30 minutes unpaid lunch break, FIU allows for two additional 15 minute paid breaks. FIU generally allows employees to unify the 30 minute lunch and the two 15 minute breaks to total a one hour lunch break. However, break schedules are established by the supervisors to meet the needs of the operation. Please ensure to consult with your supervisor to confirm how meal and break periods may be taken and unified.
Please keep in mind a meal period of less than 30 minutes, that is approved by your supervisor, is considered time worked and therefore is compensable. For example, if your 30 minute lunch break was cut early due to work responsibilities the break is no longer considered unpaid and therefore must be reported as time worked in your timesheet.
Another very important regulation is that breaks may not be used to offset late arrival or early departure from work.

15. TRAINING TIME
Time employees spend in meetings, lectures, or training is considered hours worked and must be paid, unless:
Attendance is truly voluntary
The course, lecture, or meeting is not job related
As a new employee there will be various trainings you will need to complete or attend just like this one. Also, FIU is full of exciting and educational events and workshops that may be of interest to employees. Therefore, it is important to learn the proper regulations surrounding these types of events and/or trainings.
The time employees spend in meetings, lectures, or training is considered hours worked and must be paid. However, there are two exceptions to this rule. The first one is if attendance is truly voluntary and the second is if the course, lecture, and/or meeting is not job related.
For example, If you decide to attend a yoga event that was not mandated by your supervisor and the yoga event is not job related, then you must request time off to attend.
On the contrary, if your supervisor requires you attend a training or if you share an event with your supervisor that you would like to attend because you believe it would be beneficial for your job and your supervisor agrees, then this time will be considered hours worked.

16. TRAVEL TIME Ordinary home to work travel is NOT work time
Travel between job sites during the normal work day is work time
Overnight travel/ multi-day travel:
Travel time must be paid if during regular work hours
Travel time must be paid outside regular work hours if employee is driving (versus traveling as a passenger)
If travel time ends during employee’s normal work hours, leave must be taken or they must report back to work
Lastly we will review travel time.
Ordinary home to work travel is not considered time worked. Even if you are traveling to a location that is usually not your regular work site the travel time is not considered time worked. For example, if your usual work site is the MMC campus but one day you have to work out of the BBC campus then the travel time from your home to BBC and from BBC to your home is not compensated.
If your job consists of traveling to different job sites during your normal working hours, then the travel time between job sites is considered time worked.
There may be the probability that you are sent to a training or conference were overnight travel or multi day travel is required. If the travel happens during your regular schedule then the time must be paid. If the travel takes place outside of your regular hours worked, the travel time will only be paid if you are driving. For example, if you are driving to Orlando for a conference and left a 6:00pm (after your scheduled work time) the travel must be compensated due to the fact you are driving. However, if you take a plane instead that also leaves at 6pm, this time will not be compensated.
If the travel time to a conference or training ends during your regular work hours, and you do not continue working for the rest of your scheduled time, then leave time must be taken.

17. TRAVEL TIME Pre-Travel Arrangements
Go over the event’s agenda in detail
Discuss how hours worked should be logged
Plan a flex schedule ahead of time, if necessary
Agree on the date and time of the employee’s return to work
It is important to review your travel itinerary with your supervisor before traveling. This will allow you to discuss how hours worked should be recorded on your timesheet, if leave time will need to be entered, and/or if a flexible schedule will be necessary. In addition, you must agree on a date and time you are expected to return to work .

18. RESOURCES AND CONTACTS
FIU Division of Human Resources – Compensation Administration
U.S. Department of Labor - Wage and Hour Division (WHD)
CONTACTS
HWCOM Human Resources Department – /
FIU Human Resources Service Center – /
Compensation Administration – /
Payroll –
On this slide you will be able to find additional resources for time and labor policies and regulations as well as some important contacts. This concludes our Policies and Regulations section of the Time & Labor training. Please ensure to complete the second section of this training in which we will discuss the procedures within the PantherSoft system.