FLSAQ&A.DOC
Fair Labor Standards Act:
Frequently asked questions
1-
If a custodian travels from school
to school and takes a lunch breaks in route,
how can the employer make sure the custodian is being compensated
accurately for all time worked?
You must have an honor system.
The employee’s uninterrupted meal time is not compensable (uninterrupted meal
times must be at least 30 minutes). Once
lunch is over, if the employee resumes driving in order to get to the next
school, the time counts as hours worked.
You could have the employee call in at the beginning and end of the
uninterrupted meal time, if they have a cell phone.
**Submitting
false records is a criminal offense in
2- If a custodian school A at
Yes, both drive times are
compensable.
3- If an
employee takes work home (even if the employer knew nothing about it), is the time
compensable?
Yes, the employer must let
the employee know not to take work home in order to avoid overtime pay.
The employee can be let off early on Friday (not over 40 hours in a week). **If employer knows the employee
is taking work home, the employee, must be paid.
4- If an
employer allows an employee to come in early, sign in and drink coffee, is the
time compensable?
Yes, unless the employer directs the employee to go
to a break room, not sign in and drink coffee until the work hours begins. Have the employee sign in only prior to starting
the workday hours.
5- Time Sheet -- What opportunity exists
for rounding off?
You are allowed to round to
the nearest ¼ hour greater than 15 minutes. For example
**Do rounding at the end
of the week.
6- If a teacher assistant is also a bus
driver, and if hours worked in either job is less than 40 hours per week, is
overtime pay due?
Teacher Driving Bus –
exceeding 20 percent of work time is non-exempt
If the combined total hours
worked exceeds 40 hours, even if the hours were les than 40 in each separate
job, overtime must be paid using the average pay between both jobs.
7- How long must an employees lunch hour be?
Lunchtime must be at least
30 minutes, but FLSA will bless a mealtime that equals 20 minutes. Wage/hour –
meal period must be at least 30 minutes long.
Employee should not clock out for mealtimes less than 20 minutes.
Working any during lunchtime or if the mealtime is less than 20 minutes, the
employee must be compensated.
*There are circumstances where the Department of Labor will accept a lunchtime
of less than 20 minutes.
8- Can the work week be defined for 40 hours per week
and employees (teacher assistant) be allowed to only work 37.5 hours?
Yes,
the work week can be defined as a 40-hour work week, with employees only being
required to work 37.5 hours. By defining the work week as 40 hours, the
employer can request the employee to attend meetings or perform other work, and
as long as the extra time is up to 40 hours, there is no overtime pay
required. However, the hourly rate must
equal the federal minimum wage rate requirements of $5.15.
9- How often should employees be
trained on FLSA regulations?
Employers
should conduct FLSA training annually. The employer should
also
have employees sign a receipt of FLSA policy, as well as a statement that
they
have been trained on FLSA guidelines.
10- If an employer sends emails to an employee at home, and the employee
opens the email, is the employer liable to pay for this?
Yes,
unless very, very little time is used (a few seconds). It is considered compensable (especially if
employee begins to do background or preliminary work in response to the email). Employers should not send emails to employees
at home because some people could be very slow to read and close the email. The
employer will be liable for the entire time it takes to read and close the
email.
11- Recordkeeping -- If automated recordkeeping
(via the computer) is used for signing in employees, how does the employer avoid
keeping hard copies for signature requirements?
There is no signature requirement by FLSA; employers
are only required to keep accurate records. Note: It is a criminal
offense to sign (falsify) records; therefore, it may be necessary to keep hard
copies.
12- Training
(Travel) -- How do an employee account for overnight hours for conferences and/or
training?
If travel occurs during the normal work schedule,
then the time used is hours worked and is compensable.
·
Outside of work
schedule -- not compensable
·
Hours at
training -- considered work hours
·
Travel back –
same applies
**Exception
– If riding (outside of work hours) time is not compensated. If told to
drive (outside or not during regular work time) – considered work and is
compensable.
13- If conference training has
activities not work related (dancing, etc.), is the time compensable?
If the activity is not part of the job requirements,
then it is not compensable.
14- Can a teacher assistant volunteer
to work in their child’s classroom?
If
duties performed in the volunteer capacity are the exact same duties as regular
work hours, the time is still considered hours worked.
15- Can an employee decide when to use compensatory time?
The
employer is in control of the use of comp time. However, the employer cannot allow compensatory
time to accumulate and prohibit employees from the opportunity to take time
off.
Exempt (salaried) employees cannot accumulate nor use comp time.
Prepared by Marge Foreman, NCAE research specialist