fair labor standards act training
TRANSCRIPT
What is the FLSA?• Made up of federal and commonwealth statutes
• Part of the New Deal of 1938
• What does it cover?• 40-hour work week
• National minimum wage
• “Time and a half” overtime
• Compensable time
• FLSA recordkeeping
• Child labor laws
Who does FLSA cover?
• All employees of the university• Faculty
• Staff
• Coaches
• Adjuncts
• Students
• Everyone!
FLSA does NOT cover
• Volunteers• See Human Resources
• Independent Contractors• See Purchasing department
• Hours per day asked to work
• Non-exempt hourly rates
• Benefits
• Leave
• Vacation accrual
• Rest breaks
• Medical
• Dental
• Retirement
• Commuting to work
FLSA Minimum Wage
• Nonexempt workers must be paid at least $7.25 to comply with the FLSA.
• Exempt workers must make at least $455 per week.
• Pennsylvania minimum wage is $7.25.
• A training wage may be available for workers under 20 years old.
• Some of these terms are under revision and may be changed in the next year.
FLSA Overtime
• FLSA overtime is based on a 37-40 hour work week
• Available to those who do not meet the exempt requirements
• Overtime is calculated at 1.5 times the hourly rate.
• Overtime hours can be assigned by your employer.
• If a nonexempt employee is offered an additional role, please check with Human Resources.
FLSA Recordkeeping
• The Department of Labor requires the university to record and maintain the following information:• Personal information
• The start of the work week which is on Monday at 12:01AM
• Total hours worked each workday and each workweek
• Total daily or weekly straight-time earnings
• Total overtime pay for the workweek
• Total wages paid each pay period
• For non-exempt employees, this information is tracked on the time system.
How does this affect you?
• Staff and faculty in higher education are broken down into exempt and non-exempt employees. It’s important to know the difference and what to expect.
• Whether you are exempt or non-exempt depends on what you do rather than your title.
• Exempt: If you are exempt, this means that you are exempt from overtime provisions of the law.• You are also ineligible to be paid on an hourly basis.
• Non-exempt: You are required to get overtime pay for any hours worked over 40 in a week.• Work on a per hour basis
• No comp. time
• Cannot substitute extra hours for time off
• Must be paid overtime
Who is exempt?
• Executive employees• Management of department
• Authority to hire and fire
• Can make recommendations on employee status
• Administrative Employees• Primary duty- office work or exempt level (Not
transactional)
• General business operations
• Makes decisions such as creating policy (significance)
• Professional Employees• Requires advanced knowledge in a science or
learning field accompanied by prolonged formal education OR talent or invention recognized in the art of creative field.
• Teaching
• Outside sale representatives
• These exempt employees must make a minimum of $455 per week for every week worked.