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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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