FLS A Changes Overtime Regulations and How They Affect Y ou Fair - - PowerPoint PPT Presentation
FLS A Changes Overtime Regulations and How They Affect Y ou Fair Labor S tandards Act (FLS A) Est ablishes minimum wage & overt ime st andards Distinguishes bet ween exempt and nonexempt (overt ime eligible) employees Est
Overtime Regulations and How They Affect Y
Est ablishes minimum wage & overt ime st andards Distinguishes bet ween exempt and nonexempt (overt ime eligible)
employees
Est ablishes overt ime t hreshold (40 hrs. per week) S
pecifies record-keeping requirement s
Depart ment of Labor (DOL) has made significant changes t o t he
salary t hreshold for det ermining eligibilit y for overt ime compensat ion
Current ly: $455 weekly = $23,660 annually Effect ive December 1, 2016: $913 weekly = $47,476 annually
On November 22, 2016, a U.S . District Court j udge issued a preliminary inj unction postponing the December 1st effective date of the U.S . Department of Labor (DOL)’s overtime salary threshold increase. What does this mean?
The contents of this presentation are accurate for those employees
whose duties have been determined to be Nonexempt.
Those employees with exempt duties who were changing to Nonexempt
Human Resources will advise the University community when and if a change is implemented.
Universit y posit ions were previously designat ed solely as
Classified or Unclassified
Unclassified posit ions will now also be designat ed as Exempt or
Nonexempt (overt ime eligible)
Changes t o FLS
A do not affect Classified posit ions
HR examined dut ies and compensat ion of current Exempt posit ions Det ermined if posit ions should be convert ed t o Nonexempt st at us Decision based on dut ies and responsibilit ies (DOL dut ies t est ) Exempt ion st at us NOT based on classificat ion, role, working t it le
Must sat isfy t hree crit eria t o be considered Exempt from overt ime:
t he Depart ment of Labor (DOL) dut ies t est
If all crit eria not met , posit ion considered Nonexempt (eligible for
Executive: primary duty is managing the enterprise, or a department;
ability to authorize personnel actions
Administrative: primary duty includes exercising discretion and
independent j udgement with respect to matters of significance to the enterprise
Learned Professional: primary duty is to perform work that either
requires advanced knowledge in a field of science or learning
Creative Professional: primary duty is the performance of work
requiring invention, imagination, originality, or talent
Computer Professional: primary duty is application of system analysis
techniques, design, development, or modification of computer programs
Inst ruct ors
Exempt if primary dut y is t eaching, t ut oring, inst ruct ing or lect uring. No salary requirement for bona fide t eachers.
Academic Advisors and Counselors Primary dut y is performing administ rat ive funct ions direct ly
relat ed t o academic inst ruct ion or t raining.
Must be paid on a salary basis at least equal t o t he ent rance
salary for t eachers.
UL Inst ruct or Minimum: $34,000/ 10-mont h = $45,333/ 12-mont h
Post doct oral Fellows/ S
cholars
Oft en meet t he dut ies t est for t he “ Learned Professional”
exempt ion.
Must also sat isfy t he salary basis and salary t hreshold t o qualify
for t his exempt ion.
At hlet ic Coaches Qualify for t he t eaching exempt ion if t heir primary dut y is
inst ruct ing st udent -at hlet es about physical healt h, t eamwork, and safet y.
Primary dut ies such as recruit ing or administ rat ive work do not
sat isfy t he t eacher exempt ion.
10
Graduat e Teaching Assist ant s
Covered under t he t eaching exempt ion, if t eaching is primary dut y.
Graduat e Research Assist ant s
Ineligible for overt ime compensat ion if engaged in research under a facult y member’s supervision while pursuing a degree.
Graduat e Assist ant s
Ineligible for overt ime compensat ion as prohibit ed from working full-t ime.
Resident Assist ant s
Generally not considered employees under FLS A, as compensat ion includes reduced room or board charges or t uit ion.
Pass exempt dut ies t est AND meet salary t hreshold Ineligible for overt ime compensat ion Will cont inue earning 1 hour of Compensat ory t ime for each
hour worked in excess of 40 hours in a work week*
NOTE: Not all Exempt posit ions earn compensat ory t ime No cash value for Comp. t ime balance upon resignat ion or
ret irement
*annual, sick, and holiday leave do not count toward hours worked
Do not meet t he salary t hreshold and/ or exempt dut ies t est Eligible for overt ime compensat ion Will earn 1.5 hours of Compensat ory t ime for each hour worked
in excess of 40 hours in a work week*
When Comp. t ime balance reaches 30 days (240 hours), any
excess comp. t ime will be paid t o employee
Upon ret irement or resignat ion, Comp. t ime balance will be
paid t o employee
*annual, sick, and holiday leave do not count toward hours worked
WebAid process for request ing compensat ory t ime, submit t ing
t imesheet s, or recording comp. t ime worked remains t he same
Exempt ion st at us does NOT affect :
Job title Rate of pay Annual or sick leave accrual rate Leave charged for forced holidays Benefits eligibility
Previous Exempt posit ions may be convert ed t o Nonexempt st at us,
becoming eligible for overt ime compensat ion.
Budget s may require adj ust ment t o accommodat e Comp. t ime
payout s t o Nonexempt employees.
All overt ime worked by Nonexempt employees must be
compensat ed.
Clearly communicat e work schedule pract ices in order t o manage
hours for newly Nonexempt employees, especially if t heir dut ies will not be changing.
Review guidelines for responding t o email or calls out side of
normal work hours as t his const it ut es overt ime.
Advise Nonexempt employees of priorit ies t o avoid “ last minut e”
proj ect s requiring overt ime t o complet e.
Discuss adj ust ment s t o work schedules when work must occur
Require t hat all Comp. t ime be approved prior t o overt ime
being worked.
Discuss pot ent ial for disciplinary act ion for working
unaut horized overt ime.
Explain how t o request , t rack, and report Compensat ory Leave.
All posit ion request s will be reviewed by t he Office of Human
Resources t o ensure proper exempt ion st at us is assigned during t he posit on approval process.
Updat ed Job descript ions will be essent ial t o proper FLS
A classificat ion, especially as posit ions evolve and change.
Classified Positions
A Faculty
Positions Remaining Exempt
*Not all Exempt posit ions earn comp. t ime
Nonexempt due to S alary Threshold (Meet duties test for exemption)
for each hour worked above 40 per week
paid upon separation Nonexempt due to Duties Test
for each hour worked above 40 per week
Questions should be directed to HRreply@ louisiana.edu The final determination of exemption status is determined by the Office of Human Resources.
Thank you f or your cooperat ion as we work t o make t his t ransit ion as smoot h as possible.