Fair Labor Standards Act (FLSA)
The University will comply with the Federal Fair Labor Standards Act (FLSA) and applicable State laws governing minimum wages, overtime pay, and child labor. HRS determines “exempt” or “non-exempt” of positions in accordance with FLSA guidelines. Questions regarding exempt/non-exempt status should be directed to HRS.
The Fair Labor Standards Act (FLSA) is a federal regulation that:
- Establishes the criteria for a job to be exempt or nonexempt
- Establishes the federal minimum wage required for all nonexempt jobs
- Guarantees overtime for nonexempt jobs for hours worked over 40 in one work week.
- Governs the employment of minors
Non Exempt Employees:
- Paid for all work time worked.
- Must be paid at a rate great than or equal to minimum wage ($7.25).
- Eligible for Compensatory hours or Overtime Pay by one hour and one half (1.5) for all physical hours worked in excess of 40 in a standard workweek. Paid leave or holiday time used is not counted as hours worked in determining overtime. (see Overtime/Compensatory Guidelines)
Exempt Staff Employees:
- All work responsibilities are executive/managerial, professional, and/or administrative in nature (as described in the Fair Labor Standards Act or FLSA);
- Yearly salary is at minimum of $35,568
- Are not eligible for overtime
- Exempt staff are exempt from the FLSA’s overtime provision. Exemptions are applied on an exception basis by Human Resources
- May earn Compensatory pay time (see Overtime/Compensatory Guidelines)
Overtime/Compensatory Guidelines
It is the University's intent to schedule work activities during the standard 40 hour workweek. However, in order to meet customer and business needs, it may be necessary for both exempt and non-exempt employees to work in excess of those hours. When this is necessary, Directors/Managers will provide as much notice as possible to the employee's required to work. For non-exempt employees, only hours worked will be used in the calculation of FLSA Overtime/Compensatory Time. Holidays, vacation time, sick time, severe weather days will not be used in the calculation of overtime FLSA Overtime/Compensatory Time.
Workweek:
The standard workweek begins at 12:01 a.m. Monday and ends at midnight the following Sunday. Some employees may be subject to an alternate work schedule, which must be approved by the respective Vice President. Departments must maintain adequate records of all hours worked, in accordance with the University’s Accounting for Work Time Policy (HOOP, Section V, Chapter 13).
Classified Non-Exempt employee
It is the university’s policy to keep non-exempt employees-paid hours in excess of 40 to a minimum. Supervisors/ Manager should monitor and manage work schedules to avoid authorizing non-exempt staffs to work in excess of 40 hours per week. However, a department may require non-exempt staff to work schedules that require an excess of 40 hours per week. When this occurs, the employee will record the additional hours worked in excess of 40 hours resulting in FLSA overtime or state compensatory time, as appropriate.
The university permits additional hours worked only when authorized by the supervisor/ manager. Disciplinary action may be taking if a non-exempt employee fails to obtain prior approval to work, except in emergency or on-call situations.
The university will compensate a non-exempt employee for all hours worked in excess of the standard 40-hour week as follows:
- FLSA Overtime/Compensatory Time
Authorized hours worked in excess of 40 each week (Monday-Sunday) will be compensated at the discretion of Director/Manager by using one of the following methods:
- Pay for the overtime worked at the rate of time and one-half (1 ½) their regular hourly rate for each hour worked in excess of forty (40) in a workweek.
- Grant time off (FLSA Compensatory Time) at the rate of time and one-half (1 ½) for each hour worked in excess of forty (40) in a workweek. If FLSA Compensatory Time is not taken within a 120 day period, the department must pay the employee in accordance with section (a) above.
- Authorization to pay overtime must be obtained in advance from the Director/Manager.
The payment of overtime to non-exempt employees who work more than 40 hours in a workweek is a legal requirement. Directors/Managers may not tell non-exempt employees that they are ineligible for overtime pay. Directors/Managers who make such statements may be subject to progressive counseling up to and including termination.
- State Compensatory Time
Non-Exempt employees are allowed to earn State Compensatory Time if the total number of hours worked and paid leave or holiday time exceeds 40 in a week, less any FLSA Overtime/ Compensatory Time hours.
State Compensatory Time is earned at “straight" time, or one hour for one hour, and must be used within the 12-month period following the workweek in which it was accrued. Unused balances are to be lapsed 12 months after the end of the workweek in which the State Compensatory Time was accrued or at the end of employment with the University, whichever occurs first, without compensation.
- Holiday Compensatory Time
When a department authorizes a non-exempt employee to work on a University observed National or State Holiday, the employee will receive state compensatory time off earned on a “straight" time, or one hour for one hour, less any FLSA Overtime/Compensatory Time hours, for all hours worked during the holiday.
Compensatory time must be used within the 12-month period following the workweek in which it was accrued. Unused balances are to be lapsed 12 months after the end of the workweek in which the Holiday Compensatory Time was accrued or at the end of employment with the University, whichever occurs first, without compensation.
- Travel Compensatory Time:
For more information please go to the Handbook of Operating Procedures Travel Regulations Chapter: 6 Financial Services.
Classified Exempt employee
Exempt employees are exempt from the overtime provisions of the FLSA. The university permits additional hours worked only when authorized by the supervisor/ manager. Disciplinary action may be taking if an exempt employee fails to obtain prior approval to work.
The university may compensate an exempt employee for approved hours worked in excess of the standard 40-hour week as follows:
- Compensatory Time
At the discretion of the department head or unit supervisor, Exempt employees may be allowed Compensatory Time for hours worked in excess of 40 in a standard workweek. If Compensatory Time is allowed, it is earned at “straight" time, or one hour for one hour, and must be used within the 12-month period following the workweek in which it was accrued. Unused balances are to be lapsed 12 months after the end of the workweek in which the Compensatory Time was accrued or at the end of employment with the University, whichever occurs first, without compensation.
- State Compensatory Time
Exempt employees may be allowed State Compensatory Time if the total number of hours worked and paid leave or holiday time exceeds 40 in a week. If State Compensatory Time is allowed, it is earned at “straight" time, or one hour for one hour, and must be used within the 12-month period following the workweek in which it was accrued. Unused balances are to be lapsed 12 months after the end of the workweek in which the State Compensatory Time was accrued or at the end of employment with the University, whichever occurs first, without compensation.
- Holiday Compensatory Time
When a department authorizes a exempt employee to work on a University observed National or State Holiday, the employee will receive state compensatory time off earned on a “straight" time, or one hour for one hour, less any FLSA Overtime/Compensatory Time hours, for all hours worked during the holiday.
Compensatory time must be used within the 12-month period following the workweek in which it was accrued. Unused balances are to be lapsed 12 months after the end of the workweek in which the Holiday Compensatory Time was accrued or at the end of employment with the University, whichever occurs first, without compensation.
- Travel Compensatory Time:
For more information please go to the Handbook of Operating Procedures Travel Regulations Chapter: 6 Financial Services.
Administrative and professional employees
Administrative and Professional Exempt employees are exempt from the overtime provisions of the FLSA. The university permits additional hours worked only when authorized by the director/ manager. Disciplinary action may be taking if an employee fails to obtain prior approval to work, except in emergency or on-call situations.
The university may compensate an Administrative and Professional employee for hours worked on a University observed National or State Holiday as follows:
- Holiday Compensatory Time
When a department authorizes a exempt employee to work on a University observed National or State Holiday, the employee will receive state compensatory time off earned on a “straight" time, or one hour for one hour, less any FLSA Overtime/Compensatory Time hours, for all hours worked during the holiday.
Compensatory time must be used within the 12-month period following the workweek in which it was accrued. Unused balances are to be lapsed 12 months after the end of the workweek in which the Holiday Compensatory Time was accrued or at the end of employment with the University, whichever occurs first, without compensation.
Compensatory Time Maximums
Employees engaged in public safety or emergency response may not accrue more than 480 hours of compensatory time. Since compensatory time is accumulated at time and one half (1 ½), this is 320 hours of actual overtime work (320 hours of overtime work x 1.5 = 480 hours). All other non-exempt employees may not accrue more than 240 hours of compensatory time (160 hours of overtime work x 1.5 = 240 hours). If a non-exempt employee's compensatory time balance exceeds the accumulation limits of 240 or 480 hours, the employee must be paid for any hours over the limit at time and one half (11/2) the employee's regular rate of pay.
On Call Time
This policy describes the compensation benefits for all classified employees who are officially required to be accessible by telephone, cell phone, or pager (beeper) and who must return to UTEP within a designated period to provide necessary services.
Policy:
Certain departments may make classified non-exempt positions eligible for on-call compensation when the employee is required to be on-call. The employee must be accessible and available for work upon being contacted via telephone, cell phone, or pager (beeper). If contacted via pager, an employee must call back within a reasonable time frame (usually 15 minutes) and acknowledge that they have received the page and will be returning to work. The employee must report to work within a reasonable time after being contacted by the University (usually within one (1) hour) and told to report for duty. The employee must also be in a physical condition that allows him/her to resume duty.
Procedure:
Requests by a department to place classified non-exempt positions in on-call status must be approved by the Respective Vice President, the Comptroller, and Human Resources. Request must include the following information:
- A written, detailed justification supporting the need for on-call compensation.
- A written detailed scheduled describing the number of people necessary and the cost associated with the proposed change in status.
- A list of the job classifications (by job code and title) that will be affected.
- A brief description of the duties that each position will perform.
Administrative and Professional employees are not eligible for on-call compensation.
Travel time spent to and from work while on-call shall not be considered time worked, but the amount of time spent working while on-call must be included when computing overtime for those non-exempt employees who qualify for such compensation.
To be eligible for on-call compensation an employee must be scheduled during a period of normal time off and be available to return to duty, ready to work, within a reasonable time (usually one (1) hour). Employees who are scheduled as “back-ups” are not regarded as being on-call. No employee may accrue compensatory time for work performed at any location other than the employee’s regular place of employment or duty point. (Defined by Government Code § 659.018)
Employees will be contacted for duty by telephone, cell phone, or pager.
Pagers/cell phones shall be carried by the employee.
- Employees who are to be contacted by telephone must leave word where they can be reached.
Employees should be notified in advance, whenever possible, of the days and hours that they will be required to be on-call.
Employees called to work while on-call will be provided a minimum of two (2) hours of compensatory time, even if the actual time worked is less. If the actual time worked exceeds the initial two (2) hours, they will receive compensatory time at the rate of time and one-half (1½) for each hour spent at work while on-call.
Employees must be allowed to take their earned compensatory time off within 120 days of the date earned. If the compensatory time is not taken within the 120 day period from the date it was earned, the department must pay the employee at the rate of time and one-half (11/2) their regular hourly rate. If the employee separates or transfers to another department, payment should be awarded.
Employees may not accumulate more than 160 on-call hours. If an employee's compensatory time balance exceeds the accumulation limit of 160 hours, the employee must be paid for any hours over the limit at time and one half (11/2) the employee's regular rate of pay.
Directors/Managers are responsible for keeping the following records of time spent by employees while on-call:
- On-call schedules;
- Sign in/out sheets for call-backs
- Logs of the reason for each call-back and the length of the call-back (time records).