DIXIE STATE COLLEGE OF UTAH POLICIES AND PROCEDURES MANUAL | Section: 4-Staff |
Policy No: 18 | |
Approved: 6/5/98 | |
Policy: THE FAIR LABOR STANDARD ACT COMPLIANCE | |
4-18 THE FAIR LABOR STANDARD ACT COMPLIANCE
18.1 Dixie State College employment policies and practices comply with the Fair Labor Standards Act. This policy indicates the effect of the act upon college compensation for overtime work, minimum hourly wage, equal pay for equal work, and employment of children.
18.2 The Fair Labor Standards Act permits exemption from provisions of the Act for individuals employed in a bona fide executive, administrative, or professional capacity.
18.2.1 The exempt or nonexempt status determination is based on factors such as income level, percent of time employed, supervisory responsibilities, academic achievement, authority to make decisions, and other related factors.
18.2.2 Determination of exempt or nonexempt status is made by the Human Resource (HR) Director.
18.2.3 Code of Federal Regulations 29, special provisions section 541.5d allows Dixie State College as a public employer to require its exempt employees who receive full pay to work at least eight hours per day or 40 hours per week to meet public accountability standards.
18.2.3.1 Absences for more than one hour are to be taken as sick, vacation, or other permissible leave, and approved by the appropriate supervisor.
18.3 Dixie State College non-exempt employees who receive full pay are expected to work eight hours per day or 40 hours per week.
18.3.1 Standard working hours are from 8:00 a.m. until 5:00 p.m. Monday through Friday.
18.3.2 Hours in certain areas and at certain times of the year may be scheduled to meet operating requirements.
18.3.3 For purposes of computing overtime hours, the College's standard work week begins at 12:01 a.m. Saturday and ends at midnight the following Friday.
18.4 Overtime is authorized time worked in excess of 40 hours in any one-week period by non-exempt employees.
18.4.1 It is the policy of Dixie State College to manage the use of overtime.
18.4.2 Overtime must be kept to a minimum and should be permitted only in exceptional circumstances.
18.4.3 Supervisors should organize their department work loads to minimize overtime payments for employees.
18.4.4 Overtime must have the prior approval of the person responsible for the account to which the overtime is charged.
18.4.5 All overtime must be recorded to the nearest quarter-hour increment.
18.4.6 Approved holidays are counted as time worked during the week for payroll purposes, but are not counted as time worked for overtime calculations.
18.4.6.1 Holiday pay is not included in the regular earnings on the paycheck stub, but is listed separately as holiday pay under the Description section.
18.4.7 Overtime is based on actual time worked. Vacation, holidays, sick leave and compensatory time off are not counted as time worked when calculating overtime hours.
18.4.8 The employee shall be compensated at time and a half for hours over 40 hours per week.
18.4.9 When a salaried employee works in more than one department, the overtime will be charged to the department(s) for hours worked taking into consideration the FTE salary arrangements.
18.4.10 When more than one department employs a non-exempt individual on an hourly basis, overtime will be prorated to each department.
18.4.11 If an employee is required to work on a recognized holiday other than the personal preference day, the supervisor may schedule another day off during the week or pay period within which the holiday falls.
18.4.11.1 If such an adjustment is not possible, the staff member is entitled to receive regular compensation and an additional payment of holiday pay.
18.4.11.2 This amounts to double-time pay for the holiday worked and should be reported accordingly on the appropriate time report.
18.5 Non-exempt employees are allowed a meal period of not less than 30 minutes, nor longer than one hour, not later than five hours after the beginning of the employee's work day.
18.5.1 Meal periods are taken without pay and are not included when calculating total hours worked.
18.6 Non-exempt employees are allowed a 15-minute rest period for each four hours worked.
18.6.1 Unused rest periods may not be accumulated nor used for purposes of absences or time off.
18.7 Individuals who volunteer their services to the College are excluded from the definition of "employee" and thus are excluded from coverage by the FLSA.
18.7.1 Volunteers may be paid expenses, but they may not receive the same compensation as regular employees.
18.7.2 Regular non-exempt employees of the College may not "volunteer" their services to the College if the work is of the same type they are employed to perform.
18.8 At their own options, employees may work for the College on an occasional or sporadic basis in a part-time position different from their regular employment and be compensated at the normal rate for that position.
18.8.1 The hours worked in the second position do not count as overtime.
18.9 Compensatory time is authorized time off in compensation for accrued overtime hours.
18.9.1 Compensatory time is granted at the rate of one and one-half hours for each one hour of overtime worked.
18.9.2 A record of overtime hours worked for which compensatory time will be taken should be recorded by the employee and the supervisor.
18.9.3 Both the time worked, recorded in quarter-hour increments, and the compensatory hours earned should be listed.
18.9.4 A record of compensatory time off should be submitted to the Human Resource Office as it is taken each month.
18.9.5 The time off should have prior approval of the appropriate supervisor so as not to unduly disrupt the efficient operation of the department.
18.9.6 Compensatory time off should be taken within the fiscal year.
18.9.6.1 Any compensatory time not used at fiscal year end should be paid to the employee.
18.9.7 A maximum of 240 compensatory time hours may be accrued, when authorized, by non-exempt employees working in a public safety, emergency response or seasonal activity.
18.9.7.1 Since compensatory time is accumulated at time and one-half, this is 160 hours of actual time worked.
18.9.7.2 For services other than public safety, emergency response or seasonal activity, compensatory time will be limited to 80 hours or 53.5 hours of actual time worked.
18.9.8 An employee who has accrued the maximum number of compensatory hours will be compensated in pay for any additional overtime hours worked.
18.9.9 Upon termination, an employee's payment for accrued compensatory time is calculated at the employee's final regular rate.
18.10 For contract employees less than full-time, where all the contract hours are not used in a sequential time period, contract hours must be reported on the time recap sheet.
18.10.1 When all contract hours are taken in a sequential time period, that time period will be noted on the Summary of Salary and Benefits Statement.
18.11 Employees in exempt classifications are expected to fulfill the complete responsibilities of their jobs without strict regard to hours worked.
18.12 Employment of youth is regulated by both Federal and State statutes.