Dated: March 5, 2014
Category: Classification and Compensation
Contact: Director of Classification and Compensation - ext. 0654
Fair Labor Standards Act (FLSA) of 1938
North Carolina State Personnel Manual, Section 4, Fair Labor Standards Act
University Policy 101.22, Flexible Work and Telework Arrangements for SHRA and EHRA Non-Faculty Employees
- The Fair Labor Standards Act (FLSA) and the State Human Resources Manual require the establishment of a regularly recurring work week of 168 consecutive hours for employees who are subject to the wage and hour provisions of the FLSA, e.g. employees submitting weekly time records to Financial Services (Payroll Office).
- Work in excess of 40 hours during the 168 consecutive hour period that constitutes the workweek is compensable as overtime.
- The 168 consecutive hours from 12:01 AM Sunday through Midnight Saturday constitute the University's standard work week.
- Departmental or office managers desiring changes to the standard work week are to have such changes reviewed/approved for FLSA compliance by the Executive Director of Human Resources for EHRA Non-Faculty Administration, Employee Relations, and Compliance prior to implementation.
Standard Work Schedule
The standard work schedule for employees of the University in FLSA-subject staff positions is based on forty hours of work per week. The normal daily work schedule adopted by the University is eight hours plus a lunch period of one hour covering the hours of 8:00 AM - 5:00 PM, Monday through Friday.
Variable Work Schedules
- Given the varied nature of many of the University's support activities/services, some positions may require work week schedules other than forty hours distributed over five days or other than the normal daily work schedules. A required continuing variation of work week or daily work schedule is considered part of the duties and responsibilities of the position and is to be documented in the position description or added as an addendum to the position description.
- Employees on the normal daily work schedule (8:00 AM - 5:00 PM., Monday through Friday) may work a schedule more compatible with their personal needs provided the appropriate supervisor agrees and the needs of the University and the public it serves can accommodate the varied work schedule.
- Requests for change of scheduled daily "start time," "lunch break," and "quit time" may be approved by department and office heads. (EXAMPLE: An employee desires to begin work at 7:30 AM, take a 30 minute lunch period, and depart at 4:00 PM) If the supervisor determines the needs of the work unit can accommodate the change, he or she may approve the request. Documentation of such decisions will be maintained in department records and be available for review if requested by senior management, Human Resources, Internal Audit, etc.
- Requests for change of weekly work schedule may also be approved by Department and Office Heads unless approval authority is specifically withheld by the Vice Chancellor concerned. (Example: An employee desires to schedule the forty hour workweek over four days or four and one-half days). If the department or office head determines the needs of the work unit/University can accommodate the change, he or she may approve the request, subject to the same documentation requirements as outlined under 4c.; or, if approval authority for such requests is retained by the Vice Chancellor concerned, the Department or Office Head should forward a written request to the Vice Chancellor for approval. Upon approval, the Vice Chancellor will retain documentation of such decisions.
- The total number of hours a day a University Office is normally open to serve the public may not be reduced to accommodate variable work schedules for employees.
- Supervisors of employees working other than normal work schedules are responsible for ensuring any unsupervised time before or after the normal daily schedule (8:00 AM - 5:00 PM) is used productively.
- Please see Flex Schedule (Guidelines and Examples).
- For holidays observed by the University:
1. Employees scheduled to work on that day are credited with eight hours of pay regardless of any varied work schedule approved for the employee. In such cases employees will be obliged to make suitable adjustments, e.g. use vacation leave or work additional hours to make-up the difference between the eight hours of pay authorized for the holiday and the varied work Schedule.
2. If the holiday occurs on a day when the employee is not scheduled to work, then the employee and the supervisor must identify a regularly scheduled work day, preferably in the same workweek, to designate as the holiday for which the employee will have eight hours off with pay.
3. Supervisors are responsible for ensuring employees who work a varied work schedule are aware of the policies regarding pay for holidays.
4. EXAMPLE: If an employee is working a varied work schedule of four ten hour days, Tuesday – Friday and a holiday occurs on a Monday, the employee will receive 8 hours of pay on Monday for the holiday. In this case, the supervisor may allow the employee to take off on Tuesday, work their normal schedule on Wednesday, Thursday and Friday, and use two hours of vacation leave bringing the total hours paid to 40 (8 hours Holiday Pay, 30 hours worked, and 2 hours vacation leave). In no case will holiday pay exceed 8 hours per day for full time employees or the appropriate pro-rated amount for part-time employees.
In some situations, telecommuting may be an effective alternative working arrangement, either on a temporary, intermittent, or permanent basis. Telecommuting is not an employee right, is not grievable, and is subject to the approval of the employee’s respective vice chancellor. Each situation must be carefully considered and arranged. Please refer to University Policy 101.22, Flexible Work and Telework Arrangements for SHRA and EHRA Non-Faculty Employees for teleworking agreement template and other details on considering such requests.
A meal period of at least thirty (30) uninterrupted minutes is to be included in the daily work schedules of SHRA employees designated as ‘subject to’ the overtime provisions of the FLSA, provided that six (6) or more consecutive hours are worked. (Note: If an employee’s meal period is interrupted by a request to return to work - to the extent that less than thirty (30) consecutive minutes are provided – the entire meal period is compensable as work time).
While not required, it is also recommended that SHRA employees designated as ‘exempt from’ the overtime provisions of the FLSA observe a meal period of at least thirty (30) uninterrupted minutes.
Any management-proposed elimination of the meal period (other than an occasional occurrence) must be discussed with, and authorized by, the Executive Director of Human Resources for EHRA Non-faculty Administration, Employee Relations, and Compliance (ext. 7-0659) prior to its formal implementation.
The Fair Labor Standards Act (FLSA) does not require that employees be given rest periods. However, University supervisors have the flexibility to permit a rest period of no more than fifteen (15) minutes during each four-hour period of work. Rest periods are considered part of the work day and are compensable. Employees may be required to remain in the work area during their respective rest period(s).
When authorized, rest periods should be closely coordinated so that disruptions to work and/or service delivery are held to a minimum. Rest periods may not be combined, used to extend the meal period, or omitted to either: 1) shorten the work day; or 2) cover an employee's late arrival.