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For nonexempt employees who respond to emails or calls outside of normal work hours on a “regular” basis, that time is counted as work time for overtime purposes. If a non-exempt employee responds to emails or calls briefly and “very occasionally,” then court cases have considered that to be “de-minimis” and therefore not counted for overtime purposes. However, supervisors have discretion to establish overtime approval processes.

Medical benefits for these employees will not be affected as a result of the FLSA change. Benefit contributions will be the same as before.

The FLSA change will not affect healthcare benefits for these employees. However, affected employees will only receive one paycheck in January. Benefit premiums are deducted twice a month. We are addressing this issue and will provide additional information on how missed deductions will be handled soon.

For more information regarding vacation accrual, click here.

If an employee is required to attend training related to their job, the training is considered involuntary, and the employee must be paid for the time.

According to the Department of Labor, training is not work time if all four of the following criteria are met:

• Training is outside of working hours, and
• Training is voluntary, and
• Training is not directly related to the job, and
• The employee has no productive work during attendance.

If all four criteria are met, the training would be voluntary, and the employee would not be paid.

Yes, however, you need to be aware of how the regulations define compensable time (those hours that must be counted towards 40 hours in the workweek). For more information regarding travel click here (PDF).

Yes. Flex scheduling is allowed within the same work week. As an example, let’s say a typical schedule is 8 hours a day during the day, and the department needs an employee to work a special event for 4 hours during the evening. The schedule may be changed to give the employee 4 hours of time off at another time during the same work week.

Yes, you can adjust the work hours of an employee to meet the needs of the department. When possible, advance notice (a minimum of two weeks), of such changes should be given to the employee. You can rearrange hours within the same week, but the regulations do not allow you to move hours from one week to the next. The determination of 40 hours “worked” must also include vacation and sick time, per administrative policy 6-07.9.