FLEX TIME, COMP TIME AND PAY FOR NON-EXEMPT EMPLOYEES

• What does being a NON-exempt employee mean? It refers to employees who are not exempt from the overtime provision of the Fair Labor Standards Act. So, they are eligible to be compensated for any hours worked over 40 hours in a work week.

• Our District defines a work week as Sunday-Saturday.

• How would you know if an employee is “non-exempt” ? Typically, non-exempt employees are hourly employees. However, the best way to find out is to look at the employee’s classification in the District’s Compensation book.

• Please click on the link below to access our HR/Compensation website.

http://www.collierschools.com/Domain/210

Please click on the link for: 2015-2016 Final Compensation Book

• At the top of each specific schedule, it states whether the positions within that schedule are exempt from overtime or non-exempt or not exempt from overtime.

• OCAP & TEAMSTERS All employees that fall under the Teamsters and OCAP agreements are non-exempt employees so they are eligible to be compensated for any hours worked over 40 in a work week.

• List of non-exempt positions:

Confidential Secretaries Paralegal OCAP Nutrition Services Assistants Teamsters Nutrition Services Workers Technicians/Specialists Student Workers • IMPORTANT: Facility Managers (Plant Operators) are NOT eligible for Flex Time, Comp Time, nor Overtime Pay for any hours worked over 40 hours in a work week.

• OCAP positions The OCAP Collective Bargaining agreement allows for flex time, comp time and overtime pay.

• TEAMSTERS positions The Teamsters collective bargaining agreement does not have an article that addresses comp time nor flex time. So, they are not eligible for comp time or flex time. However, under Federal law, Teamsters employees would still be eligible for overtime payment for hours worked over 40 in a work week.

• What is Overtime Pay? Overtime is payment at 1 ½ times the employee’s regular rate of pay for each hour worked over 40 hours in a work week.

• What is Flex Time? Time used during the same workweek to offset hours that could result in overtime pay.

For example, if I’m a non-exempt employee and I work one additional hour on Monday and it is approved that I leave one hour early on Wednesday of that same week, that is flex time.

Flextime CANNOT be carried over from one workweek to another. It must be “flexed” within the same work week – hour for hour.

• What is Comp Time? Time used in a future workweek to offset hours that could result in overtime pay.

Comp time is earned at 1 ½ hours for every hour worked over 40 hours in the workweek. For example, if I’m a non-exempt employee and I work 41 hours this week. Then, in the future, two weeks from now, I have it approved to leave work 1 ½ hours early one day. I have now used up my Comp Time in this example.

While Comp Time carries over from week to week, it needs to be used up before the end of the employee’s work calendar EACH year.

If an employee’s Comp Time is not used up by the end of their work calendar each year, the Administrator needs to send a memo to the Human Resources Compensation Office stating the number of hours that need to be paid to the employee.

• Record Keeping Requirements

The law requires accurate reporting of hours worked for non-exempt employees.

Documentation is needed for audit purposes.

A form is available that should be used for documentation purposes.