Overtime 101

1
Overtime 101

• Top 10 1 responsibilities for compliance with
  the Fair Labor Standards Act (FLSA)
• Admin Forum April 8, 2008
• Colleen Dutton
• Director, Compensation Employee Relations

2
Overtime 101

• Employees covered by the FLSA must receive
  overtime pay for hours worked in excess of 40 in
  a workweek. The workweek at Rice is 1200am
  Sunday 1159pm Saturday.
• Averaging of hours over two or more weeks is not
  permitted. Overtime pay earned in a particular
  workweek must be paid on the regular pay day for
  the pay period in which the wages were earned.

3
Overtime 101

• Every employer covered by the Fair Labor
  Standards Act (FLSA) must keep certain records
  for each covered, nonexempt worker. The records
  must include accurate information about the
  employees hours worked and the wages earned
  including
• Time and day of week when employee's workweek
  begins
• Hours worked each day
• Total hours worked each workweek.
• For non-exempt employees, the B2 timesheet is
  used to report and manage work hours and must be
  signed by the employee and the supervisor stating
  it is accurate and correct.

4
Overtime 101

• Work not requested but suffered or permitted to
  be performed is work time that must be paid for
  by the employer. For example, an employee may
  voluntarily continue to work at the end of the
  shift to finish an assigned task or to correct
  errors. The reason is immaterial. The hours are
  considered work time and must be paid.
• Supervisors may address repeated unapproved
  overtime worked through coaching and counseling.
  

5
Overtime 101

• Overtime Pay May Not Be Waived The overtime
  requirement may not be waived by agreement
  between the employer and employees.
• An agreement that only 8 hours a day or only 40
  hours a week will be counted as working time is
  not permitted.
• An announcement by the employer that no overtime
  work will be permitted, we do not have the budget
  to pay OT, or that overtime work will not be paid
  for unless authorized in advance, is not allowed
  under the FLSA.

6
Overtime 101

• Rice does not have comp time. As a private
  employer, Rice does not have the option to offer
  comp time in lieu of paying overtime wages.
  However, supervisors may adjust the employees
  work schedule during the work week to keep the
  total hours worked at or under 40.

7
Overtime 101

• Summary
• All schools and departments have the
  responsibility of maintaining compliance with the
  FLSA.
• There is no comp time or saving hours for later
  use.
• Accurate time records must be kept.
• Overtime must be paid if worked and paid timely.
• Questions call Colleen Dutton x 4755 or
  cdutton_at_rice.edu