HR Policies: 6.7.9
Fair Labor Standards Act (FLSA)
Subject: Administering Wages and Salaries
Number: 6.7.9
Issued: 3/1/82
Revised: 2/28/03
Purpose
The Fair Labor Standards Act (FLSA) was created in 1938 to establish
a minimum wage and a limit on the number of hours which may be worked
in a standard workweek. It also provides standards for equal pay,
overtime pay, record keeping, and child labor. As amended in 1967,
coverage of the Act was extended to private university employees.
Exemptions
Within the Fair Labor Standards Act ( Visit Wage
and Hour web site for FLSA information) are specific requirements for determining
whether a job is eligible for exemption from the overtime and minimum wage provisions
of the Act. It is the responsibility of the local hr representative or designee
to determine whether a position is exempt or nonexempt by interpreting and applying
the provisions of the Act. Staff
and Labor Relations will provide consulting assistance in interpreting
and applying the provisions of the Act.
Caution: Improper deductions from an exempt staff member's salary are prohibited under the Fair Labor Standards Act. Exempt staff members who believe improper deductions have been made should contact their local Human Resource Representatives or Staff and Labor Relations in the Office of Human Resources.
Minimum Wage
In accordance with the Fair Labor Standards Act and university policy,
the university will pay at least the minimum wage to all employees.
Records Requirements
To comply with the record-keeping regulations of the Fair Labor
Standards Act, employers are required to keep records on wages,
hours worked, and other items specified in the regulation for three
years.
Time Card
Nonexempt employees are required to submit their time worked on
an approved university paper, electronic or machine timecard. The
timecard is an official university record and must be an accurate
account of the hours worked each week. Deviations from the standard
daily hours of work must be accounted for; e.g. vacation, sick leave,
hours not worked.
Violations
The supervisor who signs the timecard must have personal knowledge
of the hours worked by the employee and must not "adjust the
books" or ask an employee to record more or less hours than
were actually worked. Such an action is not only a violation of
university policy, but is also illegal under the Fair Labor Standards
Act and may subject the employee and/or supervisor to disciplinary/legal
action (up to and including discharge).
Contact the local hr representative or designee or Staff and Labor Relations at 255-4652 for more information