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Fair Labor Standards Act Revisions

The University of Arizona Human Resources and FSO-Operations. FLSA Definitions. Exempt Employee: paid on a salary basisnon fluctuating, pre-determined amount; not covered by the overtime provisions.Nonexempt Employee: paid on an hourly basis for all hours worked in a work week; covered by the ov

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Fair Labor Standards Act Revisions

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    1. Fair Labor Standards Act Revisions Mandated effective date is August 23rd, that is the middle of our pay period. U of A s date is August 16th. This has been a group effort: Payroll, Systems Control, CCIT, and HR.Mandated effective date is August 23rd, that is the middle of our pay period. U of A s date is August 16th. This has been a group effort: Payroll, Systems Control, CCIT, and HR.

    2. The University of Arizona Human Resources and FSO-Operations FLSA Definitions Exempt Employee: paid on a salary basisnon fluctuating, pre-determined amount; not covered by the overtime provisions. Nonexempt Employee: paid on an hourly basis for all hours worked in a work week; covered by the overtime provisions.

    3. The University of Arizona Human Resources and FSO-Operations FLSA Overtime Provisions Nonexempt employees who work over 40 hours in a work week receive overtime pay (or compensatory time off) at one and one half times their regular rate of pay. Employers must keep accurate records of nonexempt employees hours worked.

    4. The University of Arizona Human Resources and FSO-Operations Requirements for Exemption from Overtime Employee paid no less than $455 a week salary level test; and Employee paid a non-fluctuating salary salary basis test; and Employee performs exempt duties duties test.

    5. The University of Arizona Human Resources and FSO-Operations Salary Level Test Minimum weekly salary raised to $455 from either $250 or $155 depending on test used. Consequences: More full- or part-time employees in otherwise exempt jobs are now nonexempt. This is the MOST significant change.This is the MOST significant change.

    6. The University of Arizona Human Resources and FSO-Operations Salary Basis Test Employees receive a predetermined amount regardless of quality or quantity of work. Consequences: Exempt employees must continue to be paid a salary as defined by the FLSA.

    7. The University of Arizona Human Resources and FSO-Operations Exceptions to Salary Level and Salary Basis Tests Salary requirements do not apply to teachers, outside sales employees and those practicing law or medicine. Consequences: Adjunct Faculty making less than $455 a week remain exempt.

    8. The University of Arizona Human Resources and FSO-Operations Other Exceptions Graduate student assistants & associates likely are not employees for purpose of FLSA. Consequences: Graduate student assistants and associates would no longer have to complete time records.

    9. The University of Arizona Human Resources and FSO-Operations Duties Test for Exemption Learned Professional Exemption Creative Professional Exemption Computer Professional Exemption Highly Compensated Exemption Executive Exemption Administrative Exemption

    10. The University of Arizona Human Resources and FSO-Operations Duties Test Professional Exemption - Learned Professional Primary duty is performance of work requiring advanced knowledge, intellectual in character and exercising judgment and discretion. Advanced knowledge involves a field of science or learning and must customarily involve a prolonged course of specialized intellectual study.

    11. The University of Arizona Human Resources and FSO-Operations Duties Test - Professional Exemption - Creative Professional Primary duty is the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor.

    12. The University of Arizona Human Resources and FSO-Operations Duties Test - Computer Professional Primary duty involves systems analysis procedures, including consulting with users to determine hardware, software & systems specifications; The design, development, analysis, testing or modification of programs and systems; or Similar work related to machine operating systems.

    13. The University of Arizona Human Resources and FSO-Operations Highly Compensated Employee Test Primary duty is office or non-manual work; and Regularly performs either executive, administrative or professional exempt work; and Earns $100,000 or more, including a salary of at least $455 a week.

    14. The University of Arizona Human Resources and FSO-Operations Duties Test Executive Exemption Primary duty is managing a recognized department or subdivision. Note: employee can still perform non-management tasks if primary duty is managing. Regularly directs the work of at least two or more full-time employees or their FTE equivalent. Has authority to take actions such as hiring or firing or the ability to recommend and meaningfully influence such actions.

    15. The University of Arizona Human Resources and FSO-Operations Duties Test - Administrative Exemption Primary duty is office or non-manual work directly related to the general business operations of the employer. Primary duties include the exercise of discretion and independent judgment with respect to matters of significance.

    16. The University of Arizona Human Resources and FSO-Operations Examples of Discretion & Independent Judgment May deviate from established policies and procedures without prior approval. Negotiates and has authority to bind the employer on significant matters with or without financial impact. Handles complaints, disputes and grievances.

    17. The University of Arizona Human Resources and FSO-Operations Compliance Steps Analysis Communications and Training Administrative Process Systems Enhancements

    18. The University of Arizona Human Resources and FSO-Operations Steps for Compliance - Analysis Identify employees in exempt jobs who fail to meet new salary level test. Review Classified Staff generic job descriptions and identify any questionable exemptions.

    19. The University of Arizona Human Resources and FSO-Operations Steps for Compliance Communications and Training HR notifies departments with employees changed from exempt to nonexempt because of salary level test. HR and FSO present training sessions to the campus community. Establish comprehensive FLSA page on HR website. Refer to the currently posted News Bulletin on HR website. Check our website frequently, we will be adding additional information. This is a great tool or resource for both the department and the employee.Refer to the currently posted News Bulletin on HR website. Check our website frequently, we will be adding additional information. This is a great tool or resource for both the department and the employee.

    20. The University of Arizona Human Resources and FSO-Operations Steps for Compliance Administrative Ensure recordkeeping requirements are communicated to departments. Introduce revisions to PAF and the Hiring Form to capture the employee exemption status. Introduce new codes for the exemption status of the job and of the employee.

    21. The University of Arizona Human Resources and FSO-Operations How do we determine if an employee is Exempt or Nonexempt? We have developed a process to assist departments.How do we determine if an employee is Exempt or Nonexempt? We have developed a process to assist departments.

    22. The University of Arizona Human Resources and FSO-Operations FLSA Exemption Codes

    23. The University of Arizona Human Resources and FSO-Operations Steps for Compliance Systems Enhancements Develop capability to have nonexempt and exempt employees in the same classification. Set up system to track salary level changes that result in exemption status change. Capture exemption status changes in the Payroll/HR system.

    24. The University of Arizona Human Resources and FSO-Operations Impact on Employees May be eligible for overtime pay. Maintain accurate time record of every hour worked. Communicate with departments if holding more than one job.

    25. The University of Arizona Human Resources and FSO-Operations Impact on Hiring Departments Monitor budgets to pay overtime to newly eligible employees. Train employees on accurate time keeping procedures. Be aware of changes in employees exemption status, and manage accordingly.

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    27. The University of Arizona Human Resources and FSO-Operations PSOS Screen 08

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