Fair Labor Standards Act Training for Supervisors of Overtime Eligible Professional Staff Employees

Human Resources November 2016

Currently Exempt Currently, all Professional Staff employees are exempt from: Washington Civil Service (RCW 41.06.070) Fair Labor Standards Act

As of December 1, 2016 As of December 1, 2016, your employee’s position will remain exempt from Washington Civil Service, but your employee will no longer be exempt from the Fair Labor Standards Act Your employee’s continued exemption from Washington Civil Service means your employee will remain Professional Staff

What is the Fair Labor Standards Act? • Federal law that establishes minimum wage, overtime pay and recordkeeping requirements • All Western employees are overtime eligible unless they meet one of seven FLSA exemptions: – – – – –

Academic Administrator (non-faculty, non-teaching) Administrative Professional (Creative, Learned, Computer) Highly Compensated Teaching

• Western HR determines whether a professional staff position is covered or exempt from the FLSA based upon the position’s duties, responsibilities and salary

What Has Changed to Make A Position Overtime Eligible? • Each FLSA exemption has three components that a position is required to meet to be exempt: (1) Salary Basis Test (2) Job Duties Test (3) Salary Test

• On December 1, 2016, the salary test will change to a minimum salary of $913 per week, or $47,476 annually • The change in salary test means your employee’s position no longer meets the criteria of the FLSA exemption and your employee’s position will become FLSA covered, or overtime eligible

The Salary Test: Part Time (E2) and Cyclic Employees • The FLSA Salary Test of $913 per week is the same test regardless of whether an employee is full time, part time or cyclic • For all employees, their actual salary is divided by the number of weeks you work to determine whether or not they meet the $913 per week salary test

Secondary Jobs (E3, E4) • Employees can only have one exemption. That exemption is tied to an employee’s primary job • If an employee is classified staff in their primary job, they must follow their Collective Bargaining Agreement for rules related to overtime in a secondary job • If an employee is overtime-exempt professional staff in their primary job, they will be paid hourly straight pay for their secondary job

Time Reporting for Overtime Eligible Professional Staff Employees Positive Time Reporting – Begins December 1, 2016 (December 1-15, 2016 pay period) – Your employee must enter your total number of hours worked each day in your Web4U Timesheet in the Earnings Column

Payroll Approver is responsible for verifying that the hours worked each day is correctly entered. The Supervisor is responsible for ensuring that the time is not only correctly entered into Web4U, but is also reported accurately

Overtime for Overtime Eligible Professional Staff Employees You must approve employee overtime in advance. Overtime has budgetary impact

Overtime for Overtime Eligible Professional Staff Employees Working Over Appointment Percentage – Compensated straight time for hours worked over appointment percentage but less than 40 hours per work week

40 Hours Per Work Week – Overtime begins at 40 hours + 1 minute – not at 8 hours + 1 min per day – Compensated at time and a half (1.5x) rate of pay • Management determines whether overtime is paid as compensatory time or overtime pay

Employee’s Work Schedule • Can be flexible but you must approve – Example: Monday 8:00 am – 5:00 pm Tuesday 10:00 am – 7:00 pm

• Cannot exceed 40 hours in a workweek unless you pre-approve because you are approving overtime • Lunch/Meal Break Note: Employees cannot be directed to check work email or engage in work-related social media activities when not working

Reporting Leave • All leave must be reported in Web4U • Overtime eligible professional staff must report partial day leave and submit the appropriate request for the leave ahead of time to obtain supervisor’s approval

Off Site Meetings, Conferences, Lectures and Training Programs Meetings, conferences, lectures or training programs are generally considered working time. The meeting/conference/lecture/training program is working time if one or more of the following are met: 1. The meeting/conference/lecture/training program is during normal work hours. 2. Attendance is not voluntary. 3. The meeting/conference/lecture/training program is job related. 4. You are concurrently performing any other principal activities that are integral & indispensable to your work.

Travel Depends on the kind of travel and whether or not the travel is same day return. An employee is considered to be working when they are performing any principal activity that is an integral & indispensable part of their principal work duties.

Travel Same Day Return Travel Travel home-to-work daily commute: No Home to a single-day assignment: Yes (deduct commute and meal time) Travel between job sites in a single day: Yes

Travel Overnight Travel Travel during your normal working hours: Yes Travel outside of normal working hours when you are operating your own motor vehicle: Yes Travel outside of working hours when you are a passenger on a common carrier: No

Questions

Debby Cwalina Classification/Compensation Manager [email protected] x3229