4-18 - STAFF COMPENSATION THE FAIR LABOR STANDARD ACT COMPLIANCE

1. Policy

   Dixie State College maintains a Staff Compensation Program consistent with Title VII of the Civil Rights Act, the Equal Pay Act, the Fair Labor Standards Act and other Federal, State, and Institution regulations. 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.

2. Fair Labor Standards Act / Utah Administrative Code

   1. Exemption Status:

      DSC employees are subject to the requirements of the Fair Labor Standards Act. Human Resources shall evaluate each job and determine which jobs satisfy the Fair Labor Standards Act exemption tests. The determination of exemption status shall be made based on the duties and responsibilities of the job. permits exemption from provisions of the Act for individuals employed in a bona fide executive, administrative, or professional capacity.

      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.

      18.2.1 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.

   2. Work Hours: For purposes of computing overtime hours, Standard working hours are from 8:00 a.m. until 5:00 p.m. Monday through Friday. Hours in certain areas and at certain times of the year may be scheduled to meet operating requirements. The College's standard workweek begins at 12:01 a.m. Saturday and ends at 12:00 a.m. (midnight) the following Friday.

      1. Full-time employees in exempt positions are responsible for fulfilling the responsibilities of their assigned positions and working a minimum of 40 hours per week. jobs regardless of hours worked.

      2. Full-time employees in Dixie State College non-exempt positions:

         1. who receive full pay Are expected to work eight hours per day or 40 hours per week and are responsible for accurately recording work hours, obtain supervisor’s approval prior to working overtime, and cooperate with overtime work needs. Departments shall schedule provide unpaid meal breaks and paid rest periods as appropriate.

         2. Non-exempt employees are allowed a Receive meal periods for each full-time work day consist of a period of not less than 30 minutes, nor longer than one hour. and must be taken not later than five hours after the beginning of the employee's workday. Meal periods are noncompensated unpaid taken without pay and are not included when calculating total hours worked. Meal periods may not be used to shorten a work day.

         3. May take a Rest periods (breaks) of no more than 15 minute compensated break period for mid-point in every four hours worked. are allowed for non-exempt employees. Unused Break Rest periods may not be saved for later use, attached to meal breaks used at the beginning or end of the workday, or used to compute additional pay. accumulated to create a shorter work day or longer lunch period. nor used for purposes of absences or time off.

         4. Are allowed compensated exercise release time of up to 30 minutes three days per week.

            1. Authorization for exercise release time shall be documented in writing and scheduled with the supervisor's approval according to the institution's exercise release time procedures.

         5. Regular Employees in non-exempt positions of the College May not "volunteer" their services to the College if the work is not significantly different in nature than their primary position. of the same type they are employed to perform.

   3. Overtime/Compensatory Time: A department may require employees to work overtime; however, supervisors will should organize their department work loads to keep overtime hours to a minimum.

      1. The College provides overtime pay or compensatory time off to non-exempt employees whose work is authorized time worked in excess of exceeds 40 hours in a workweek. any one-week period by. Overtime must be kept to a minimum and should be permitted only in exceptional circumstances. Overtime

      2. Non-exempt employees:

         1. Must obtain their supervisor’s have the prior approval prior to working overtime hours. of the person responsible for the account to which the overtime is charged.

         2. Employees Who work overtime without the supervisor’s approval must be paid for hours worked, but may be subject to disciplinary action.

      3. Both overtime pay and compensatory time is granted off are given at the rate of one time and one-half of the regular rate for each one hour of overtime hour worked.

      4. Compensation for work over 40 hours in a workweek may either be given as overtime pay or as compensatory time off. Hours worked in a secondary position that is not significantly different in nature from the primary position are calculated in the 40 hour workweek.

      5. Time absent from the job for vacation, holiday, sick, or other paid leave is not counted as time worked for the purpose of computing overtime hours.

      6. A supervisor may offer compensatory time off in lieu of overtime pay. However, the employee has the right to accept or decline compensatory time and receive pay at time and one-half. If compensatory time is acceptable to employee, then the supervisor must ask the employee to sign a Compensatory Time Agreement.

      7. Actual hours worked and compensatory time must be documented and recorded by the employee and the supervisor as it is accrued and as it is taken. Compensatory time off is calculated at time and one-half.

      8. The maximum compensatory time that can be accrued is 90 hours (60 hours of overtime work). If a non-exempt employee achieves the maximum accrual, resigns, retires, or is discharged at a time when he or she has a balance of unused compensatory time off, the employee will be paid for the unused compensatory time. Payment will be calculated using the current regular rate.

      9. If an employee is are required to work on a recognized an official College 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. that workweek. If such an adjustment that is not possible, the staff member then employees are entitled to receive regular compensation and an additional payment of holiday premium pay if they are required to work on an official College holiday in a non-overtime workweek. This amounts to double-time pay for the holiday worked and should be reported accordingly on the appropriate time report.

      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.

      18.2.5.2 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. The hours worked in the second position do not count as overtime.

      18.2.5.2 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.

      18.4.1 It is the policy of Dixie State College to manage the use of overtime.

      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.

      18.10 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.

   4. Record Keeping: Each department maintains accurate time and attendance records for all employees within the department. Non-exempt employees must record the total number of hours actually worked each day including start and stop times. Exempt employees must record any full-day absence.

   5. Employment of youth Minors: Employment of persons under the age of 18 is regulated governed by the Fair Labor Standards Act and the Utah Administrative Code. both Federal and State statutes.

3. Job Analysis and Evaluation

   The job evaluation program is used to promote compensation equity and consistency throughout the College. Individual positions are reviewed by Human Resources and grouped with other similar positions as appropriate. Position groups are referred to as jobs. Jobs are documented, evaluated, and assigned a salary grade. Job analysis and evaluation is initiated by Human Resources or at the request the department administrator. The appropriate Vice President reviews evaluations and salary grade assignments, with final approval by the President.

4. Pay Guidelines

   It is the goal of the Institution to attract, motivate, and retain highly qualified individuals whose knowledge, experience, and contributions advance the Institution’s mission. It is the intent of the Institution to compensate all employees in a manner that is fair, reasonable, competitive, and fiscally prudent. Human Resources and the appropriate Vice President review and approve all salary adjustments, with final approval by the President.

   1. Equity and market adjustments will be made as funding is available.

   2. Pay Adjustments: Pay increases are generally given as part of the annual budget cycle and are implemented at the start of the fiscal year. Human Resources, together with department administrators, examines issues that arise outside the annual budget cycle. Some examples of issues that may be addressed are the following:

      1. Transfers and Reclassifications: Employees who are promoted may be eligible for a pay increase in connection with the transfer or reclassification; however, employees whose transfer or reclassification results in a lateral move or demotion shall not receive a pay increase in connection with the action and may receive a pay decrease as determined by department administrators and Human Resources.

      2. Equity/Market Adjustments: Human Resources collects and analyzes market data for common jobs, also known as benchmark jobs, on an ongoing basis. Periodically, a job may be moved to a different pay grade. Human Resources may recommend that market adjustments be given to employees in affected jobs.

      3. Other Salary Adjustments: Employee retention issues, critical market conditions or resolution of salary inequity are additional reasons for salary adjustments. Off-cycle salary adjustments shall not be used to reward performance.

      4. Externally Funded Positions: Positions funded 50% or more from non-state funds may have as much as 10% variance from similar positions.

   3. Pay Additives: Pay additives shall be given in addition to an employee’s regular pay for specific reasons as described below. Pay additives do not increase the employee’s base pay.

      1. Callback: The Institution compensates non-exempt employees who are called in to work for critical operational duties. A minimum of four two hours will be paid for callback.

      2. Additional Compensation: Additional compensation may be used to compensate staff employees for additional temporary efforts or assignments that significantly deviate from the job’s normal expectations.

         1. Employees may not be compensated for a second position during regular work hours, typically 8:00 a.m. - 5:00 p.m.

         2. Requests for exceptions must be submitted to Human Resource using the appropriate form.

      3. Bonus/Incentive Compensation: The Institution may authorize the use of bonus payments to compensate staff employees as a part of the annual salary increase program.

5. Staff Salary Equity

   1. Staff position classifications are based on the College’s Compensation Plan that assigns value points to positions, applies a salary range, and factors in total years of experience. Appropriate classified, exempt, and executive staff salary levels, based on position, grade, and experience as compared to various national, regional, and local survey data as well as internal salary data for similar positions, is called equity. Annually, Human Resources reviews salary levels to determine salary equity in comparison to that data.

      1. An external salary equity adjustment may be required if the DSC salary is not aligned with positions in the same range in applicable surveys.

      2. An internal salary equity adjustment may be required if salary compression, compaction, or inversion has occurred.

   2. Selection and application of surveys shall be based on the principle of fairness and are at the discretion of the College President and the Executive Director of Human Resources.

   3. A specific position’s equity imbalance may be calculated using internal equity factors, external equity factors, or both.

   4. This policy makes no provision for salary compaction based on a disparity in which the DSC position receives a higher salary than indicated in the above referenced survey data.

   5. Achieving and maintaining salary equity based on internal and external factors is an ongoing process. The goal shall be to maintain all DSC staff salaries at or above 90% of equity.

   6. Staff salary equity increases typically begin on July 1.

6. Guidelines for Staff Salary Equity Distribution

   1. Equity funds shall not be used to fund new positions or reclassification. A specific position shall not receive an equity increase in salary during the first year following a reclassification. Positions are not reclassified until a funding source is identified, and increases resulting from reclassification must be obtained from other funding sources.

   2. Equity funds shall not be used to fund retention increases if the current position and grade classification do not support an increase.

   3. Equity funds shall not solely be awarded on merit, performance, or evaluative factors other than the survey data approved by the Executive Director of Human Resources and the President of the College.

   4. Equity funds may be applied to a specific position but shall not be disbursed to an individual employee in the following circumstances:

      1. The staff member is on probationary employment status. In such cases, the disbursement of the equity increase shall start at the beginning of the fiscal year following the employee’s removal from probationary status, without retroactive payment.

      2. The staff member is on disciplinary probation. In such cases, the disbursement of the equity increase shall not start before the beginning of the next fiscal year after the employee is removed from disciplinary probation, without retroactive payment.

      3. The position is vacant. In such cases, the disbursement of the equity increase shall start when the position is filled, without retroactive payment.

7. Staff Salary Equity Approval Procedure

   1. The “Staff Salary Equity Distribution Guidelines” provide a framework for equity distribution.

   2. Human Resources shall be responsible for determining the percentage of staff salary inequity for each position.

   3. Human Resources shall provide each Vice President with a list of the individual staff employees with salary inequities in relevant organizational units and the proposed increase for that year. Each Vice President shall be responsible for approving the proposed distribution of staff salary equity for positions within his/her organizational units.

   4. Human Resources shall provide the President of the College with a proposed distribution of staff salary equity for the next fiscal year. The President shall be responsible for approving the plan.

8. Exceptions to Policy:

   1. Exceptions to the staff compensation policy require the review of the Executive Director of Human Resources and the approval of the President.

Associated Documents: