The Fair Labor Standards Act is a federal law, originally passed in 1938, but amended several times since then. The University was brought under coverage by the 1966 Amendments which became effective Feb. 1, 1967.
The Fair Labor Standards Act covers these broad areas:
- Minimum Wage
- Overtime Pay
- Equal Pay for Equal Work
- Child Labor
Who is Exempt?
There are complex regulations describing which employees can be exempt from the overtime pay requirement. At the University, these groups of employees are considered to be exempt:
- Teaching Assistants
- Graduate Research Assistants
- A few other specific groups (Farm, Aspen Grove, Outside Sales)
Who is Covered?
At the University, all full-time and part-time staff and all student hourly employees are covered by the law. What is explained from this point on refers to those employees, and not to exempt employees.
All personnel covered must earn at least the current Federal minimum wage. BYU minimum wage is generally higher.
The law provides that an employee who works over 40 hours in a workweek must be compensated at a time and one-half rate for hours worked in excess of 40.
The workweek at the University begins at 12:01 AM Saturday morning and ends at midnight the following Friday night. Overtime work is defined as work over 40 hours during this seven day period.
University policy requires that overtime work be approved in advance by the dean or director, except in emergency situations where prior approval is not possible.
Supervisor is Responsible
Supervisors are responsible to determine and to assign work schedules. Work outside of approved schedules should not be allowed, unless approval is obtained or an emergency exists. Any time worked must be compensated if it is known by the supervisor and is suffered or permitted to happen. Employees who work more or less than their assigned hours without approval may be subject to discipline. Contact Employee Relations, 422-3863, for assistance.
No Donating of Time
Employees may not donate extra time for which no compensation is expected. This is a violation of the law.
Each Week Stands Alone
Where it appears that an employee may exceed in a workweek the 40 hours allowed, time off may be provided in the same workweek in order to keep the total hours worked to 40 or less.
No Compensatory Time
The law does not allow overtime earned in one pay period to be carried over and compensated in a later pay period. Time worked must be compensated on a current up-to-date basis.
This plan allows that when overtime is worked in one week of a pay period, it may be compensated by time off in another week at a time and one half rate, if both weeks are in the same pay period. For example, an employee who works 44 hours in a week, could be required to work only 34 hours in the other week and receive regular pay for the pay period, if both weeks are in the same pay period. This plan cannot be extended beyond the pay period.
Vacation, Sick Leave, Holidays
Pay for vacation, sick leave, and holidays is not pay for hours worked; therefore, even though a staff member may be paid for such non-working time, no addition should be made to the total hours worked in the workweek for the purposes of computing overtime. The law does not require payment at a time and one half rate in a workweek where there are not over 40 hours of actual work performed.
However, the University has determined that when employees are called in for emergency work outside of normal working hours, departments may choose to pay a time and one half rate for those hours, regardless of the total hours worked during the week.
Attendance at Training Seminars & Conventions
- Required attendance at training activities is considered work time and must be appropriately compensated.
- Time spent outside of regular work hours in voluntarily attending and traveling to and from meetings, conventions, seminars, etc., is not considered as work hours and need not be compensated. It is sufficient to continue regular pay for the normal work schedule.
- Attendance is not voluntary if it is required by the employer or if the employee is led to believe that his or her present working conditions or the continuance of employment would be adversely affected by nonattendance.
- This provision applies only if the activity is not specifically designed to make the employee more effective in his or her present job, but rather is more focused on broadening experiences, preparing for future advancement, learning new ideas or additional skills, making networking acquaintances, etc.
- Ordinary home-to-work and work-to-home travel is not working time.
- Travel that is part of the employee's principal activity during the working day is work time.
- For one-day assignments in another city, most of the hours spent traveling and working are considered work time. Normal meal periods may be deducted, as well as the time usually spent getting from home to the normal work location and back.
- For travel that keeps an employee away from home overnight, the following rules apply:
- The travel time is work time when it cuts across the employee's workday.
- Travel time on the employee's non-working days which occurs during hours that correspond with his or her normal working hours is counted as time worked.
- Regular meal period time is not counted as time worked.
- Travel time away from home that occurs outside of regular working hours is not considered as work time.
- Periods when the employee is completely relieved of duty and is free to come and go and use the time as he or she pleases are not normally included as work time.
Breaks are not required by law, but are allowed by University policy (10 minutes in each 4 hour block). This time is included as time worked.
Meal time is excluded from hours worked if the meal period is 30 minutes or longer and the employee is relieved of all duties and allowed to leave the work station. The normal lunch break at the University is a one-hour period.
The law requires that the number of hours worked each day and each workweek be accurately recorded. Almost all non-exempt employees at the University record work time on KRONOS, an automatic time system connected directly with the payroll computer system.
Secondary Job at the University
A full-time staff employee who accepts a second job at BYU, with duties that are separate and unrelated to the primary employment, will be paid overtime based upon the second job's base rate that is in effect for the work as if it were being done during non-overtime hours. If the work of the second job is the same as that performed in the primary job, then the overtime pay will be based on the base rate the employee receives in the primary job. All of the hours worked on the second job will be considered as overtime and paid at a time and one half rate. Performance of a second job at BYU must be approved by both department supervisors and by Human Resource Services before commencement of the work.
- Time worked for which class credit is received need not be counted as time worked for which payment is due.
- In activities where class credit is not received, an employer/employee relationship need not be established if all six of these criteria apply:
- The activity is part of the school curriculum.
- The activity is for the benefit of the students.
- The students do not displace regular employees, but work under their close observation.
- The employer derives no immediate advantage from the activities of the students, and on occasion the operations may actually be impeded.
- The students are not necessarily entitled to a job at the conclusion of the training or activities.
- The employer and the students understand that the students are not entitled to wages for the time spent.