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 email‒Computer logon/logoff time

Compensable Time

Civil Service Employees (WAC 357-28-255)• Hours of work in excess of 40 hours /

week*

• Work on regularly scheduled day off

• Work on a holiday (WAC 357-28-200)

• Work on personal holiday (WAC 357-28-200)

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 357-28-275).

Overtime Pay

WAC 296-126-092 & 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 Positionfrom Overtime?

• Primary Duty

• Actual Duties vs. Described Duties

• Discretion and Independent Judgment

• Customarily and Regularly

• Matters of Significance / Weight of Decisions

Job Duties Test

• VolunteersAn 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 InternshipsAn 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 357-28-220)

• 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 357-28-220 through WAC 357-28-275

• U.S. Department of Laborwww.dol.gov/fairpay

• Department of Labor & Industrieswww.lni.wa.gov

• Human Resource Serviceswww.hrs.wsu.edu

Resources

Human Resource Services

• Pullman: 509-335-4521

• Spokane: 509-358-7554

• Vancouver: 360-546-9587

• Tri-Cities: 509-372-7470

Email: hrs@wsu.eduWeb: www.hrs.wsu.edu

Contact Information

If you wish to have your attendance documented in your training history,

please notify Human Resource Services within three days of today's date:

hrstraining@wsu.edu

This has been a WSU Training

Videoconference