TIME & ATTENDANCE

1. TIME & ATTENDANCE

2. Fair Labor Standards Act • Federal Law • Minimum Wage • Overtime Pay • Child Labor • Equal Pay • Record Keeping Requirements • Reference TAMUS Regulation 31.01.02 Fair Labor Standards Act and Regulation 31.01.09 Overtime

3. Why is it important? • DOL conducts investigations to determine compliance with the law and enforce the FLSA • Willful violations may be prosecuted criminally and the violator fined up to $10,000. A second conviction may result in imprisonment • Employers who willfully or repeatedly violate overtime pay requirements may be fined up to $1,000 for each violation • Employees may recover up to two (and sometimes three) years of back wages • Employees may not be fired or discriminated against for filing a compliant or for participating in a legal proceeding under FLSA.

4. Covered Employees • All Faculty, Staff, and Student • Certain classes of employees are exempt from the minimum wage and/or overtime provisions

5. Employee Classifications • Exempt Employees • Not eligible for overtime payment or state compensatory time • Eligible for holiday compensatory time • Must use the time off within 12 months following the date of the holiday • Non-Exempt Employees • Time and a half for hours worked over 40 during a work week • Eligible for State Compensatory Time. • You must always have your supervisor’s permission before working overtime • All hours worked must be recorded on the timesheet

6. THREE TYPES OF COMPENSATORY TIME • FLSA COMPENSATORY TIME • STATE COMPENSATORY TIME • HOLIDAY COMPENSATORY TIME— ENTERED AS STATE COMPENSATORY TIME IN LEAVE TRAQ

7. Work Week • Monthly Paid Employees –Monday through Sunday • Biweekly Employees – Thursday through Wednesday

8. How Do I Determine What is Time Worked • Training directly related to the employee’s job is considered work time • Rest Periods of 5 to 20 minutes are counted as time worked • Bona Fide meal periods of 30 minutes or longer are not work time • Travel Time • Holiday and paid leave do not constitute “hours worked” • Insignificant amount of time spent at the beginning of the day or cleaning up after work is over are not hours worked. If an employee reports to work for and waits for his shift to begin, this is not hours worked.

9. FLSA Compensatory Time • May accrue up to 240 hours (480 for public safety or emergency response employees) • Any FLSA overtime hours that exceed 240 hours must be paid • Can require employees to exhaust this time prior to using annual leave • Upon termination of employment the balance is paid to the employee

10. State Compensatory Time • Earned when an employee has not worked more than 40 hours in a workweek, but the combination of hours worked, paid leave and paid holidays exceed 40 hours, the excess hours are banked at straight time • Must be used within 12 months of the date earned by the employee • No Lump Sum Payment; may be allowed to remain on payroll to exhaust time • No maximum number of hours • May not be earned for work performed at home • Estates may not be paid for unused time

17. Presented by: TAMU-T Payroll Services • CONTACT INFORMATION CAROLYN MCDERMOTT Leave Coordinator/Payroll Assistant ROOM 372 Aikin Building (903) 223-3123 Nancy F. Hamilton, CPP Director of Payroll Room 328, Aikin Building (903) 223-3058