TIME

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TIME ATTENDANCE
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Fair Labor Standards Act

• Federal Law
• Minimum Wage
• Overtime Pay
• Child Labor
• Equal Pay
• Record Keeping Requirements
• Reference
• TAMUS Regulation 31.01.02 Fair Labor Standards
  Act and
• Regulation 31.01.09 Overtime

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Why is it important?

• DOL conducts investigations to determine
  compliance with the law and enforce the FLSA
• Willful violations may be prosecuted criminally
  and the violator fined up to 10,000. A second
  conviction may result in imprisonment
• Employers who willfully or repeatedly violate
  overtime pay requirements may be fined up to
  1,000 for each violation
• Employees may recover up to two (and sometimes
  three) years of back wages
• Employees may not be fired or discriminated
  against for filing a compliant or for
  participating in a legal proceeding under FLSA.

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Covered Employees

• All Faculty, Staff, and Student
• Certain classes of employees are exempt from the
  minimum wage and/or overtime provisions

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Employee Classifications

• Exempt Employees
• Not eligible for overtime payment or state
  compensatory time
• Eligible for holiday compensatory time
• Must use the time off within 12 months following
  the date of the holiday
• Non-Exempt Employees
• Time and a half for hours worked over 40 during a
  work week
• Eligible for State Compensatory Time.
• You must always have your supervisors permission
  before working overtime
• All hours worked must be recorded on the
  timesheet

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THREE TYPES OF COMPENSATORY TIME

• FLSA COMPENSATORY TIME
• STATE COMPENSATORY TIME
• HOLIDAY COMPENSATORY TIME ENTERED AS STATE
  COMPENSATORY TIME IN LEAVE TRAQ

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Work Week

• Monthly Paid Employees Monday through Sunday
• Biweekly Employees Thursday through Wednesday

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How Do I Determine What is Time Worked

• Training directly related to the employees job
  is considered work time
• Rest Periods of 5 to 20 minutes are counted as
  time worked
• Bona Fide meal periods of 30 minutes or longer
  are not work time
• Travel Time
• Holiday and paid leave do not constitute hours
  worked
• Insignificant amount of time spent at the
  beginning of the day or cleaning up after work is
  over are not hours worked. If an employee
  reports to work for and waits for his shift to
  begin, this is not hours worked.

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FLSA Compensatory Time

• May accrue up to 240 hours (480 for public safety
  or emergency response employees)
• Any FLSA overtime hours that exceed 240 hours
  must be paid
• Can require employees to exhaust this time prior
  to using annual leave
• Upon termination of employment the balance is
  paid to the employee

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State Compensatory Time

• Earned when an employee has not worked more than
  40 hours in a workweek, but the combination of
  hours worked, paid leave and paid holidays exceed
  40 hours, the excess hours are banked at straight
  time
• Must be used within 12 months of the date earned
  by the employee
• No Lump Sum Payment may be allowed to remain on
  payroll to exhaust time
• No maximum number of hours
• May not be earned for work performed at home
• Estates may not be paid for unused time

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Presented by TAMU-T Payroll Services

• CONTACT INFORMATION
• CAROLYN MCDERMOTT
• Leave Coordinator/Payroll Assistant
• ROOM 372 Aikin Building
• [phone]
• Nancy F. Hamilton, CPP
• Director of Payroll
• Room 328, Aikin Building
• [phone]