Timekeeping & Labor Law Compliance Training for PIs and - - PowerPoint PPT Presentation

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Timekeeping & Labor Law Compliance Training for PIs and - - PowerPoint PPT Presentation

Timekeeping & Labor Law Compliance Training for PIs and Project Directors Sean Henriques via Flickr Mr. T in DC via Flickr Making sure your employees are paid correctly and fairly is one of your primary responsibilities as a


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Timekeeping & Labor Law Compliance

Training for PIs and Project Directors

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Sean Henriques via Flickr

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  • Mr. T in DC via Flickr
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Making sure your employees are paid correctly and fairly is one

  • f your primary

responsibilities as a supervisor.

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  • Minimum Wage
  • Timekeeping
  • Overtime
  • Recordkeeping

Overview

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Mɪɴɪᴍᴜᴍ Wᴀɢᴇ

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Los Angeles Minimum Wage

Rate, as of July 1, 2018: $13.25/hr July 1, 2020: $15/hr

Minimum wage is the lowest compensation that employers can legally pay their workers. Employees must make the minimum wage rate after any equipment/uniform fees are deducted.

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Tɪᴍᴇᴋᴇᴇᴘɪɴɢ

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Compensable Work Time

Time for which an employee must be paid.

What counts:

  • All required time on

employer's premises

  • Pre- and post-shift

duties

  • On-Call Time (on site)
  • Meal and break periods
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Required Time

Hourly workers must be paid for all time they are required to be on the employer's premises, on duty, or at the workplace.

Anonymous on Flickr

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Employees must be paid for any activities they are expected to perform before

  • r after their regular shift.

Examples: training, changing into uniforms, all- staff meetings, setup/takedown.

Pre-/Post-Shift Duties

CIFOR on Flickr

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On-Call Time

Time on-call is only compensable if an employee's freedom is constrained. Commutes are not compensable, but travel time may be.

Daily Bruin Staff

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Meals and Breaks

  • Authorized breaks are

compensable.

  • Mealtimes are not.
  • Employees must be

completely relieved of duties during mealtimes, and break must be uninterrupted.

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Meals and Breaks

  • An employer must

provide a meal period of at least 30 minutes for a work period of more than five hours.

  • Shifts less than 6 hours

may waive this break by mutual consent.

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Off-the-Clock Work

  • Doesn't matter if the

employee is working voluntarily.

  • Time worked must be

paid, even if overtime was not approved.

  • Use timesheets to

monitor and manage this type of work.

Work done "off-the-clock" is in violation of the law. Be sure to specify what "off-the- clock" work includes.

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Oᴠᴇʀᴛɪᴍᴇ

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What is Overtime?

Overtime is paid for hours worked in excess of 40 hours per week.

In California, overtime is also paid if an employee works more than 8 hours in one day.

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Overtime Rate

The overtime rate of pay is 1.5x the regular rate of pay. For most hourly employees, this will be 1.5x of their usual hourly rate. The regular rate is total pay divided by hours worked.

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Who gets

  • vertime?

Exempt employees are usually managers, or those who meet these exemption thresholds:

  • Paid on salary basis

and make at least $455/wk

  • Responsibilities are

executive, professional,

  • r administrative

Only non-exempt employees are eligible for overtime.

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Common Issues with OT

Most common issues:

  • 1. Underpayment
  • 2. Misconceptions
  • 3. Misclassification of

employees

Improper overtime practices are lawsuit risks.

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Underpayment

Monica PC via Flickr.

Occurs when employee works overtime that isn't

  • recorded. Supervisor is not

aware OT is occurring. Accurate, verified time sheets help prevent this.

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Misconceptions

False ideas of how overtime is defined. Examples:

  • Lump sum payment for

OT rather than hourly

  • OT paid for standby duty
  • No mandatory OT
  • Weekends/night shifts

are 2x pay by default

Steve Jones via Flickr.

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Misclassification

clement127 via Flickr

Supervisors (and PIs) should know which employees are exempt/non- exempt and manage hours accordingly.

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Comp Time

Compensatory time off in lieu of overtime is prohibited by TUC. Non-exempt employees receive overtime payment based on pay schedule in the employee handbook.

Sepehr Ehsani via Flickr

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Classifying Employees as Exempt

If you feel your non-exempt employee should be classified as exempt, especially due to changes in their job responsibilities, please contact your liaison!

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Rᴇᴄᴏʀᴅᴋᴇᴇᴘɪɴɢ

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Compliance and Fairness

Compliance is good for everyone involved.

Proper recordkeeping allows for compliance.

  • Employees must be

comfortable tracking their time.

  • Supervisors have a

responsibility to monitor for use and abuse of time sheets

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Timesheets

In order to process timesheets, the following MUST be true:

  • Timesheet is completely filled out, including case numbers

and cost allocation codes.

  • All information boxes are filled out.
  • Time worked includes breaks for meals.
  • Waivers for meal breaks must be on file.
  • Signed by: employee, supervisor, project director (latter

two may be the same).

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Turning in Timesheets

Timesheets should be turned in twice a month, per the payroll calendar, and include time worked for the prior pay period. Timesheets should not be future-dated, and should not be more than two pay periods late. Sheets can also be signed by an authorized signatory, but that person must be on-file.

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Clocking In/Out

Non-exempt employees must clock out for their meal breaks, and this must be reflected on their timesheets. Supervisors should ensure that clock in/out times make sense and reflect actual hours worked.

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E-Time

The online portal through which time cards are entered and

  • approved. When approving time on E-Time, be aware:
  • New system allows for off-site access
  • Will be able to approve on mobile/tablets (via app)
  • Check which pay period is active / being approved
  • Ensure sick time is accounted for
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Timesheets and other forms are available here: CSUN HR Forms The employee handbook is available online here: Employee Handbook

Forms & TUC Employee Handbook

If employees or faculty have questions, they can refer to these resources.

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Fairness and transparency in timekeeping and wage practices benefits everyone involved.

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