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Title. FLSA: Fair Labor Standards Act. Agenda. Explore what FLSA is and does Review Basic Information Define Exempt and Non Exempt Employee Explore and Define Overtime and Compensable Time. What is FLSA. Sets standards for child labor, minimum wage, equal and overtime pay

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  1. Title FLSA: Fair Labor Standards Act

  2. Agenda • Explore what FLSA is and does • Review Basic Information • Define Exempt and Non Exempt Employee • Explore and Define Overtime and Compensable Time

  3. What is FLSA • Sets standards for child labor, minimum wage, equal and overtime pay • Setting standards to ensure work is safe and does not jeopardize well-being and education opportunities • Includes all: • Public • Private • Full time • Part time • Domestic service

  4. Equal Pay Act • Prohibits gender based wage discrimination • Men/women who perform the same work which requires equal skill, effort and responsibility and performing under similar working conditions • Pay differentials are permissible if based on factors such as seniority, education, experience and shift work

  5. Common Employer Mistakes • Considering any employee who is paid a salary as an exempt employee who is not eligible for overtime • Not paying for unauthorized overtime • Making automatic deductions in pay without verifying employee has taken them • Meals • Breaks

  6. Defining Exempt and Non Exempt • Exempt – employees who meet one of the FLSA exemption tests and are paid on a fixed salary basis • Not entitled to overtime • Employee “regularly receive a predetermined amount constituting all or part of the employee’s salary, which amount is not subject to reduction because of variations in the quality or quantity of work performed • Non- Exempt – did not meet exemption tests and are paid hourly and covered by wage and hour laws regarding minimum wage, overtime and hours worked • Entitled to overtime

  7. Information Needed from Non-Exempt Employees • Time and day of the week when work begins • Hours worked everyday • Total hours worked each week • Basis on which wages are paid

  8. Overtime Pay Requirements • Rate of not less than one and one-half times an employees regular rate of pay after 40 hours of work in a work week. • Employee subject to both the federal and Kansas overtime laws. • Calculated on time worked • Regular time paid if there is use of sick, vacation, holidays or any other paid leave is used • FLSA does not require overtime pay on Saturday, Sundays, or holidays • As well as nights and weekends for just working them

  9. Compensable Time • Travel time • Depends on type of travel • Home to work is NOT • From one site to another must be paid • Non exempt employees • Travel on a one-day assignment to another city, time spent traveling must be paid • Time spent traveling to airport/train station is not but time spent waiting at the terminal until arrival to destination is.

  10. Compensable Time • Meeting and Training • Attending lectures, meeting and training programs are counted as hours worked if: • It is held outside of regular working hours and • Attendance is voluntary and • It is not directly related to the employees and • Employee does no productive work during the event • Rest/Meal Times • Short breaks (5-10 minutes) are paid • Bona fide meal periods (at least 30 minute lunches) are NOT paid

  11. Compensable Time • On call Duty • On call or waiting time is to be treated as work time depending on whether “the time is spent predominantly for the employer’s benefit or for the employees” • An employee who is required to remain on call on the employers premises while working on call • An employee who is required to remain on call at home, or who is allowed to leave a message where he/she can be reached is NOT working

  12. Catholic Charities Policy • Time Keeping • All time keeping is done within Paycor and/or All Scripts • Exempt Employees do not get overtime pay • Non Exempt Employees are responsible for conducting job duties within the “Workday” • Time employees begin commence principle work activities and cease such activities • Must receive prior authorization before working “off the clock”

  13. Catholic Charities Policy • Overtime • Non-exempt employees must receive prior authorization • Overtime is calculated as one and one half time the regular rate of pay • Not considered for overtime is: • Sick Leave, Vacation leave, holidays, or any leave of absence • Volunteer Time • Employees are encouraged to volunteer their time to Catholic Charities of Northeast Kansas, but they may not volunteer within their own department.

  14. Conclusion • What FLSA is and does • Determine qualifications of Exempt vs. Non Exempt Employees • Defined Overtime Pay Requirements • Reviewed Compensable Time • Refer to Employee Handbook on HopeNet or your HR Generalist, for any questions • slevin@catholiccharitiesks.org • jstevens@catholiccharitiesks.org

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