Anticipated Changes in the Fair Labor Standards Act Frequently Asked Questions
The FLSA is a federal law that establishes minimum wage, overtime pay, recordkeeping, and youth employment standards for employees in the private sector and in Federal, State, and local governments.
What is changing in the legislation?
Prior to the anticipated update to the FLSA, most employees paid less than $23,660 were automatically eligible to be paid overtime. The minimum salary is expected to be raised to $47,476. (Please note there are some Department of Labor mandated exceptions, like school teachers, etc.)
What did the Department of Labor make this decision?
The purpose of the DOL's decision regarding overtime eligibility is to:
• Encourage employers to hire more employees rather than pay overtime premiums
• Provide more income to middle class employees, resulting in economic growth
• Increase payroll tax contributions to Social Security and Medicare
Does Tulane have to comply?
Yes, Tulane must comply with the federal mandate.
What are Employment Classifications?
All jobs are categorized by an employment classification determined by the FLSA. Tulane's Compensation Department works within the FLSA guidelines in evaluating the employment classifications of all staff and faculty positions. This takes place during the creation, backfilling, or re-classification of positions.
These classifications are based on several factors such as the actual job duties outlined in the job description, as well as the salary, among other things. Below are the two types of employment classifications:
Exempt Employee
• Not Eligible for Overtime
• Must record exceptions to work (Sick, Vacation, Jury Duty, Bereavement, etc.)
Non-Exempt Employee
• Eligible for Overtime
• Must record all hours worked in addition to absences
What does being “non-exempt” mean?
If your position is non-exempt, it means that you are eligible to be paid overtime. At Tulane non-exempt employees are paid bi-weekly, which is 26 times a year versus monthly, which is 12 times a year. It also means that you must clock in and out using Kronos to record your time worked.
How should actual hours worked be recorded?
Non-exempt employees must record all time worked using the Kronos timekeeping system. This means clock in when you arrive to work, clock out when you go to lunch, clock back in when you return from lunch, and clock out again when you leave for the day. Planned use of sick or vacation may be requested by the employee beforehand in Kronos.
Am I required to clock in at my work station?
You should clock in at your work station unless your supervisor has designated otherwise.
If I work through lunch, can I leave early?
Working through lunch is permissible provided that it is the exception, not the norm and must be with pre-approval of the supervisor. However, per the Staff Handbook, breaks may not be used to come in late or leave early.
Am I required to clock out for lunch?
Yes, lunches are not paid at Tulane unless it is a working lunch.
Why do I need to clock out for lunch if there are automatic lunch deductions?
Though Kronos has been configured to automatically deduct a lunch period regardless of whether a non-exempt employee clocks out for lunch, only employees with written supervisor approval may use automatic lunch deductions.
It should be noted that supervisors may access reports through timekeepers to view the use of unapproved automatic lunch deductions.
Automatic lunch deductions may not be used to avoid recording time correctly.
Am I required to take a lunch?
Yes, employees that work the University core working hours of 8:30 am to 5:00 pm take a one hour lunch. Some employees take a 30 minute lunch based on a schedule of 7:00 am to 3:30 pm.
Skipping lunch should be the exception, not the norm, and must be approved in advance by your supervisor.
I forgot to punch in, what should I do?
Time correction forms are used to capture missed punches. These are also used to account for unplanned use of sick time or vacation, etc. Time correction forms must be signed by the employee and the supervisor before submitting to the timekeeper for processing.
It should be noted that time correction forms are subject to internal auditing and should not be used to avoid recording time correctly.
Can I use a mobile device to clock in or out?
Mobile devices may not be used to clock in or out unless you are in a position that has been approved in writing to use a mobile device instead of a work station or time clock.
It should be noted that supervisors may request reports from the timekeepers that show the use of mobile devices used to clock in and out.
Can an employee’s schedule be adjusted in Kronos?
Yes, the timekeeper may adjust the schedule with written permission from the supervisor.
Are non-exempt employees entitled to breaks or rest periods?
Though the FLSA does not require employers to provide breaks or rest periods for employees, Tulane supervisors may, at their discretion, allow employees to take a 15-minute rest period during each half day worked.
Breaks may not be taken during the first or last hour of any shift, be accumulated over time, or be used to lengthen a lunch period.
If an employee is not allowed to leave the university’s premises while having lunch, is this meal time considered work time?
No, regardless of whether or not the employee is physically able to leave University premises, time spent for meal periods or lunch time is not considered work time unless the employee actually performs work during this time.
What is the Tulane work week?
Tulane’s work week is Friday through Thursday, which is used to calculate overtime pay. The Payroll Calendar is a tool to assist in visualizing the work week for scheduling purposes.
What is considered overtime?
At Tulane, non-exempt employees are scheduled to work 37.5 hours per work week. However, some departments are scheduled to work 40 hours per week. Regardless, employees are paid overtime for hours worked over 40 hours in the work week (Friday-Thursday).
Is overtime calculated daily?
No, overtime is calculated based on Tulane’s work week, which is Friday through Thursday.
Why didn’t I get paid overtime during a holiday week?
It is important to note that overtime is paid on actual hours worked. What that means is paid hours that are not actually worked, like vacation, sick, and holiday pay do not count towards being paid overtime. See the example below.
A 37.5 hour a work week employee did not work on the holiday that fell on Friday, which is the beginning of the work week. Then the employee worked 8 hours each day from Monday through Thursday.
The employee would be paid 7.5 regular hours for the holiday and 32 hours of regular time for Monday through Thursday. The 7.5 hours that the employee did not work on Friday, which was the holiday, do not count towards being paid in overtime because the employee did not actually work those hours. The actual time worked was 32 hours. The employee would have had to work more than 40 hours to get paid overtime.
How are part-time employees paid overtime?
Part-time employees are paid overtime for hours worked over 40 hour per work week (Friday-Thursday).
Can I offer to work on my own time without any expectation of payment?
No, non-exempt employees must be compensated for all hours actually worked.
I heard that Tulane doesn’t pay overtime, is that true?
Tulane is required to comply with the FLSA and must pay overtime.
Can an employee decide to waive payment of overtime?
No, the overtime requirement may not be waived under any circumstances due to federal guidelines.
Do I have to notify my supervisor that I need to work overtime before I actually work it?
Yes, employees must obtain the approval of their supervisor prior to working overtime.
What if my employee works overtime without the permission of the supervisor?
Regardless of whether the overtime was approved, the employee must be paid accurately for hours worked, including overtime. However, the employee may be subject to progressive disciplinary action for working overtime that has not been approved in advance repeatedly. Consult with Employee Support Services at Workforce Management for more information.
Live-on staff will inevitably come into contact with residents and staff after hours who have job related questions. What constitutes work in those moments and what does not? To what extent does the department determine that?
It will be important for the department to manage what is expected of live-on staff. Setting clear parameters about what constitutes work can help you manage overtime and help employees understand when certain situations are considered compensable. The definitions below can help guide conversations with employees about what time is considered compensable while helping you to manage overtime.
- Emergency – An unforeseen emergency requiring work that cannot be deferred will trigger call back pay.
- Brief Contact – A brief contact that is so minimal that it cannot be precisely recorded does not trigger call back pay.
- Deferred Non-Emergency – A deferred non-emergency that is so minimal that it cannot be precisely recorded does not trigger call back pay.
- Not Deferred Non-Emergency – The work is not scheduled but the employee answers questions so that the time taken to answer the question is not too minimal to record. (The employee would need to complete a time correction form to capture the time worked answering the question.)
- Scheduled Work – Scheduled work beyond normal work hours does not trigger call back pay.
What constitutes an abuse of unapproved overtime? What is the protocol for job action in cases where FLSA is abused? What protocol and processes are within the realm of the department to determine?
Communicating the expectations and protocol for working overtime is critical. If it is determined that an employee is repeatedly working overtime without approval and the supervisor feels the overtime is not justified, progressive disciplinary action may be warranted.
Progressive disciplinary action consists of a verbal warning, written warning, unpaid suspension, and may lead to termination of employment. We encourage supervisors to contact Workforce Management Employee Support Services before discipline is issued.
My grant doesn’t allow for overtime. Do I still have to pay it?
Yes, Tulane is required to comply with the FLSA and must pay overtime regardless of the source of funding.
Can a supervisor make adjustments in the schedule before overtime occurs?
A supervisor may adjust the schedule within the same work week (Friday-Thursday) before over time has been worked. See the example below.
The 37.5 hour a work week employee worked 8 hours from Friday through Wednesday, which is 32 hours. The supervisor may allow the employee to leave 2 hours early on Thursday so that the employee is only paid for 37.5 hours for that work week.
Please note that the supervisor may not avoid overtime by adjusting the schedule in a different work week.
Can a supervisor give comp time?
Comp time or compensatory time is when an employee works overtime in one work week and is allowed to take time off in another work week without recording the overtime.
This is not allowed for non-exempt employees. The supervisor may adjust the schedule in the same work week to manage overtime, but not a different work week.
What is the definition and parameters of “call back time”? Is this a federal or university framework?
Call back pay is a premium offered by the University, not mandated by Federal legislation. Call back is paid when a non-exempt employee is called back to work due to an unforeseen emergency and the amount of time worked is not such a small amount of work that as a practical administrative matter cannot be precisely recorded.
There is no requirement to be on call to receive call back pay.
Below are several scenarios to assist in understanding call back pay:
- Emergency
A non-exempt staff member is at home asleep. The staff member is woken up because of an emergency with a student. The staff member responds to the emergency and resolves the issue in one hour.
The pay would be for 3 hours of call back pay, which is at time and a half.
If there is another emergency during the initial 3 hour period of the original call back, the staff member would not get paid another 3 hours. The staff member would get paid time and a half for at least 3 hours as well as any hours worked beyond that at time and a half. - Brief Contact
A live-on staff member is off from work in the laundry room after normal works hours. A student asks a question about an upcoming event hosted by Housing and Residence Life. The staff member briefly answers the question. If the amount of time taken to answer the question is so minimal that it cannot be precisely recorded, it would not trigger call back pay. - Deferred Non-Emergency
Alternatively, there may be cases in which the professional recognizes the question asked by a student or colleague after normal work hours is not an emergency and may take more time to address than what is considered too minimal to record. It may then be appropriate to politely defer the question to another employee currently working or let the individual know you will follow up during normal work hours.
The department has one non-exempt professional on call per week. What types of calls triggers “call back time” protocol? What types of calls record time as it happens and not in 3 hour blocks?
Call back pay is when the employee is called back to work due to an unforeseen emergency. Another example of this would be when the employee is not scheduled to work and the person on call asks an employee that is off to assist with the unforeseen emergency situation with a student.
What wouldn’t trigger call back is when the work is scheduled. For example, the HRL employee is scheduled to work a special event, like the tailgate. Though this is outside normal working hours, it is scheduled and therefore not eligible for call back pay.
Another scenario where call back pay is not triggered would be if the employee that is stopped in the laundry room is unable to defer the non-emergency question and spends time answering the question. Since it’s not an emergency and the time worked is not considered too minimal to record, the employee would complete a time correction form to record the time spent answering the question.
How is travel time paid for non-exempt employees who go out of town for work?
Overnight travel is compensated for the time that overlaps the regular work hours. See the example below.
If an employee’s regular work hours are 8:30 am to 5:00 pm and the employee leaves to go travel to a seminar on Sunday at 4 pm and arrives at 9 pm, the employee would be compensated for the one hour of travel time, which is from 4 – 5 pm.
Meal periods are not paid while traveling unless it is a working lunch.
All hours worked are paid while traveling.
Weekend Travel – How does that work?
The non-exempt staff member that normally works Monday-Friday, from 8:30 – 5:00 pm, flies to Atlanta for a conference without students. The staff member leaves the LBC at 9 am and arrives at 6 pm.
The time spent actually traveling like in a plane, train, or bus is paid to the extent that it overlaps the normal work schedule, regardless of the day of the week. In the example above, he/she would be paid from 9:00 am to 5:00 pm because it overlaps the normal work schedule.
One caveat to this is if at any time the non-exempt employee is working, he/she must be paid. In the example above, if the non-exempt employee worked, like reading a report from 5-6 pm while on the plane, he/she would be paid until 6 pm.
Another important point to note about travel involves driving. If the employee is required to drive to another location, the time actually spent driving would be paid, regardless of the schedule or day of the week. If there is a passenger however, he/she would be paid for the time spent traveling that overlaps the normal work hours, regardless of the day of the week.
This is provided it is time spent driving is beyond the normal commute. The normal commute is defined as the time traveling from the employee's home to work and is not paid.
Weekend Retreat – How does that work?
The non-exempt staff member spends a Saturday and Sunday morning training for the retreat. He leaves town at noon to the off-campus retreat site that is about 90 minutes away. While at the retreat, he is actively involved in the program working from roughly 7:45 am each morning, beginning at breakfast, until 11:30 pm each night when the program ends for the day. He sleeps on-site until he returns to campus on Monday.
- The training on Saturday and Sunday would be paid because it's time actually spent working.
- The travel on Sunday from 12 noon for 90 minutes would be paid because it overlaps the regular work schedule, regardless of the day of the week.
- The time spent working from 7:30 am until 11:30 pm each night would be paid.
- If the employee is required to work during meal times, the employee would be paid.
- The employee would not be paid while sleeping because the employee is not working while asleep.
- The time spent traveling back to campus on Monday would be paid.
Where do I go to verify my annual salary?
- Log in here using Tulane credentials (same used for checking email)
- Click Tulane Employee Self-Service on the left-hand side of the page
- Click Deposit Advice on the left-hand side of the page
- (Gross) Annual Salary will be listed on the top right
How do I calculate my hourly pay?
You will need the number of work hours in a year:
- 37.5 hour work week x 52 weeks in a year = 1,950 work hours in a year
Then take your annual salary and divide it by 1,950 (number of work hours in a year)
- Example: $30,000 divided by 1,950 = $15.38 per hour
How can I calculate what my new bi-weekly check will be before taxes?
Use this calculator. Alternatively, take your hourly rate and multiply it by 75 (2 weeks in a pay period x 37.5 hours in each work week).
- Example: $15.38 x 75 = $1,153.50
When are non-exempt employees paid?
The Payroll Calendar shows the work weeks and pay days.
Why is my check less than half of my monthly check?
There are 26 pay periods, rather than 24 pay periods in a year. While your check may be less than half each check, there will be 2 times a year that you will be paid 3 times in one month. See the Payroll Calendar for pay days. In 2016, there are 3 pay days in July and December.
What happens when I receive a salary increase that raises my salary above $47,476?
A salary change may trigger your employment classification to change from non-exempt to exempt. If so, the compensation group in Workforce Management would make the adjustment and notify your supervisor.
Where can I find whether my employee is non-exempt?
You can find your direct reports by logging into HCM, and following these steps.
What should I do to prepare for my employee becoming non-exempt?
You should be prepared to have an in-person discussion with each of your employees that will become non-exempt employees. You should attend the training that is offered to apprise you of the update.
What should I do if I know my employee is working unapproved overtime, for example, when I see emails sent after work hours?
Tulane is required to pay for all time worked by non-exempt employees. A time correction form should be submitted to account for the time worked and the supervisor should have a conversation with the non-exempt employee about working outside the normal work schedule without prior approval. If this repeatedly continues after having the discussion, consult with Employee Support Services at Workforce Management.
I have no idea how much time my employees have accrued for vacation or sick time. Where can I get this information?
Your timekeeper can provide reports with vacation and sick balances. You should work with your timekeeper to develop a system to approve time off requests and keep you updated on the use of sick or vacation.
I have no idea how much overtime my employees are working because I can’t see them in Kronos. Where can I get this information?
Your timekeeper can provide reports with this information.
I suspect that some of my employees are clocking in when they get on the shuttle rather than when they start work at their desk. Where can I verify this information?
Your timekeeper can provide reports with this information so that you may address it with your employee. Consult with Employee Relations at Human Resources for more information
May I allow my employee to work through lunch?
Asking your employee to work through lunch is permissible provided that it is the exception, not the norm, and there is a valid business reason.
May I adjust the schedule so that my employee works more than 37.5 hours during the busy months without paying overtime and a reduced number of hours in the less busy months so that he/she receives full salary at end of the year?
No, employees that are scheduled to work 37.5 or 40 hours per work week should be scheduled a minimum of those hours each work week. Also, overtime must be paid by the work week, which is Friday through Thursday. It is not possible to adjust the schedule outside the work week so that over time is not incurred.
