Changes to the Fair Labor Standards Act HR Liaison Information UCF Human Resources November 2016 Why are we here? Todays Agenda
Overview of the Fair Labor Standards Act (FLSA) What is Changing? ePAF Processing Payroll Changes Recruitment Process What Else Do I Need to Know? Overview of the Fair Labor
Standards Act (FLSA) Overview of the Fair Labor Standards Act (FLSA) First enacted in 1938, FLSA is a Federal Wage and Hour law that provides employees with wage and hour protections. FLSA establishes minimum wage, overtime pay, child labor standards, and recordkeeping
requirements affecting both full and part-time workers. Exempt vs. Non-Exempt An exempt position is not eligible for overtime pay. A non-exempt position is eligible and must receive overtime pay for any hours worked above 40 hours in one work week.
Determining Exemption Status FLSA is comprised of three tests that determine if an employee is eligible (non-exempt) or exempt from overtime pay: Duties Test Salary Basis Test Salary Level Test
Duties Test The employees job duties must primarily involve executive, administrative, professional, computer or outside sales duties (also known as white collar exemptions). Salary Basis Test
The employee must receive a predetermined, fixed salary that is not subject to reduction due to variations in quality or quantity of work performed. Salary Level Test The employee must be paid a minimum salary as determined by the FLSA.
What is changing? Salary Level Increases Automatic Updates Salary Level Increases
The current salary level for overtime eligibility was set in 2004 at $455 per week ($23,660 per year). As of December 1, 2016 the new FLSA salary threshold has been set at $913 per week ($47,476 per year). Since all Florida Universities (including UCF) use 26.1 pay periods the threshold is actually $47,658.60 per year. The law is based on the weekly amount of $913. It is annualized for
simplicity. Automatic Updates The salary threshold will now be reviewed and adjusted every 3 years beginning January 1, 2020. The salary standard is equal to the 40th percentile of weekly earnings of full time salaried worker in the lowest wage Census Region. The Department of Labor will publish updated rates at least
150 days before the effective date. ePAF Processing Line Employee New Hires A&P Employees FLSA Status will be indicated on employment agreements
USPS Employees FLSA Status will be indicated on approved for hire email for positions that are FLSA Exempt (i.e. USPS Exempt) Line (Position) Employees: ePAF Changes Under Employee Group, ePAF Originator will have the following options:
ePAF Selection: NonExempt A&P vs Exempt A&P Non-Exempt A&P Exempt A&P Position Information: NonExempt vs. Exempt A&P Non-Exempt A&P
Position Exempt A&P Position Job Change ePAFs In the event that an A&P Non-Exempt employee receives a permanent pay increase which brings their salary up to
the threshold (47,658.60) On the ePAF, ePAF Originator will change the employee group from Non-Exempt A&P to Exempt A&P ePAF Originator will input the job code (without the N at the end), update position title, and Admin Code. Proceed as normal with the ePAF.
Troubleshooting ePAF Errors An ePAF Originators tries to input a Hire ePAF for an A&P Non-Exempt employee, but the position number turns red, why does that happen? Check the previous page to verify that the Employee Group of Non-Exempt A&P was chosen.
USPS Employees The procedure will stay the same for selecting the USPS Exempt or Non-Exempt status under the Pay Group. Postdoctoral Associates Post-Doctoral Associates are affected by the salary threshold.
If they do not earn the $47,659 yr., the position will be considered non-exempt and eligible for overtime. The same applies to part-time Post-Doctoral Associates. Part-Time Employees FLSA does not address part-time employment, therefore the minimum salary requirement cannot be prorated for FLSA compliance. It makes no difference in FLSA compliance standards
if a 0.75 FTE earns $800 per week. OPS Population Hourly Students and Hourly Non-Students OPS Contracted Student Employees GRAs, GTAs, and GAs Residential Assistants OPS Population
Adjuncts (OPS Contract Non-Students) Teaching Adjuncts Research Adjuncts Other Adjuncts OPS Hourly Employees No change to ePAF processing for OPS hourly student and hourly non-student employees
Human Resources is revising the OPS hourly non-student job codes. Removing the USPS Job Codes for OPS hourly non-student population. New OPS Hourly NonStudent Job Codes OPS Contracted-Student Employees
Graduate Assistantships GRAs, GTAs, GAs ePAF process remains the same. Resident Assistants ePAF process remains the same. Adjuncts
In order to be placed on an adjunct agreement as of 11/18/2016, the following criteria must be met: Primary duty is teaching OR Employee is performing exempt job duties AND earning at least $1,826/biweekly. ePAF Processing
Questions? Payroll Changes Policies and Regulations Policies 3-003 Deductions from Salary of Exempt Employees
3-010 Eligibility for Overtime Compensation 3-112 Additions to Salary of Exempt Employees for Special Events Regulations 3.0032 Additional Compensation for UCF Employees 3.040 Benefits and Hours of Work 3.044 Compensation
Timesheets and LAPERs BIG CHANGE: Tracking in and out times on a Timesheet (https://hr.ucf.edu/files/PS_tsquickref.pdf) and new time reporting codes on the LAPERs Lunch Break Nonexempt personnel must be afforded an interval of at least thirty (30) minutes for a lunch period and shall not be employed, permitted, or suffered to work for more than five (5) hours continuously without that lunch period. Supervisors determine the scheduling of the lunch breaks for their employees which may normally vary from thirty (30) minutes to one (1) hour within a normal eight (8) hour shift. Employees do not receive pay (noncompensable) for the lunch break.
Certified law enforcement personnel, nurses, identified Facilities and Safety personnel and other identified positions designated as non-exempt, due to the nature of the work, may be excluded from the university business practice regarding a lunch break. Work Breaks Non-exempt employees may be allowed up to 15 minutes as a paid break (compensable) from work during the first half of their workday, and again during the second half of their workday. Work breaks cannot be accumulated to extend a lunch period, nor can they be used to compensate for late arrival or early departure from duty. The request to take a work break should not be unreasonably denied. These breaks are scheduled by the employees supervisor. OPS hourly employees who work a standard schedule of 40 hours per week, may be afforded paid breaks in accordance with the
above outlined rules. Sample Timesheet and LAPER Normal Schedule Payroll Processing and Approving Time Reporting Codes Before
Sample of Time Reporting Codes as of 11/18/2016 Unauthorized Overtime For exempt employees, off the clock work is normal and usually consists of checking emails, making phone calls, logging into the system, etc. after the official work schedule time has concluded. However, for non-exempt employees, work like this must be documented on the Timesheet.
Overtime work should be discussed between a supervisor and employee prior to the work being performed. If an employee works overtime without prior approval, the supervisor and employee should have a discussion. Repeated offenses could potentially escalate into reprimands, assistance from Human Resources, etc. The university is required to pay a non-exempt employee for all hours worked, this includes unauthorized overtime.
On-Call and Call-Back Non-exempt employees are eligible for this type of payment if they have been instructed to remain available to work during an off-duty period. Form and procedure can be found here: http:// hr.ucf.edu/files/Oncall_form.pdf Basics: $1/hr Monday through Friday of the actual hourly rate of the employee on
Saturday, Sunday or holiday or paid leave days of the hourly rate for the base rate classification on Saturday, Sunday or holiday (PBA) Credit with a minimum of 2 hours for both on-call and call-back Travel Time https://hr.ucf.edu/files/TrainingTravelTimePay.pdf
Column headings are now simply Non-exempt and Exempt Removed Overtime Compensatory Hours as an option (should be Overtime Pay) Compensatory Leave
Effective PPE 12/01/2016, overtime compensatory leave and special compensatory leave accrual (as leave balances) will no longer be permitted. (Exception: PBA) Effective PPE 12/01/2016, overtime and special compensatory hours should be paid in the pay period in which they are earned. (Exception: PBA) Overtime Comp and/or Special Comp hours in
the leave balances should be used by 06/30/2018. Balances not used will be automatically paid out during that timeframe. Leave and Overtime USPS Exempt to non-exempt effective 11/18/2016 Grandfathered group 6.77 to 6.00 annual leave hours (new)
Maximum payout - 352 annual leave hours Year End Rollover in excess of 352 annual leave hours rolls into sick leave balance Personal Holiday (new) Bereavement Leave (new) Eligible for overtime pay (new)
New hires (current structure) 4.00, 5.00 or 6.00 hours annual leave hours based on years of service Maximum payout - 240 annual leave hours Year End Rollover in excess of 240 annual leave hours rolls into sick
leave balance Personal Holiday Bereavement Leave Eligible for overtime pay Leave and Overtime Continued A&P Exempt to non-exempt effective 11/18/2016 Grandfathered group
6.77 to 6.00 annual leave hours (new) Maximum payout - 352 annual leave hours Year End Rollover in excess of 352 annual leave hours rolls into sick leave balance Personal Holiday (new) Bereavement Leave (new)
Eligible for overtime pay (new) New hires (new structure) 6.00 hours annual leave hours Maximum payout - 352 annual leave hours Year End Rollover in excess of 352 annual leave hours
rolls into sick leave balance Personal Holiday Bereavement Leave Eligible for overtime pay Dual Compensation Employees moving from exempt to non-exempt roles will no longer be able to work a secondary job and use the UCF Dual Compensation Form. Instead, all hours from the primary job and
secondary job will need to be tracked on the Timesheet and processed by the primary department. This could result in overtime pay. The Timesheet should contain all hours worked in both departments, and there needs to be an acknowledgement by both supervisors that the hours reported are accurate. A Memorandum of Understanding is being developed that will be signed by the Employee, the Primary Supervisor and Secondary Supervisor to outline the work being performed and other rules
associated with this type of work situation. Journal transfers should be performed to move money from the secondary to primary department to cover the wages and associated employer tax. OPS/OP1 employees are not eligible for Dual Compensation. Payroll Questions?
Recruitment Process PeopleAdmin No change in creating requisitions or in posting positions A&P - Still may post at Negotiable or Salary to Negotiable Exemption status may not be determined until a salary analysis has been completed on the
selected candidate Keep in Mind. Exemption status may not be determined until a salary analysis has been completed on the selected candidate. Be mindful of how you discuss the position with candidates. Benefits, how hours are tracked, travel and work expectations can all be affected
by exemption status. Recruitment Questions? Additional Resources UCF FLSA Update US Department of Labor Final Rule: Overti
me Link to Department of Labor Video UCF Timesheet Quick Reference UCF Training and Travel Pay Guidelines UCF On-Call and Call-Back Policy UCF Overtime Policies
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