In each IntegrityStar edition, we highlight some frequently asked questions. In this edition we cover some frequently asked questions related to the Fair Labor Standards Act (FLSA) revisions.
What should I do if I need to work overtime in a given workweek?
If you believe that there may be a need for overtime in a particular workweek, you should discuss with your supervisor first what the best options may be. It may be possible to flex your time throughout the course of the week in order to not incur overtime, or your supervisor may give you approval to work beyond 40 hours. As a reminder, the UCF workweek runs Friday to Thursday.
Will I still get paid overtime if I did not receive my supervisors pre-approval?
Yes, as it is required by law that any hours worked in excess of 40 must be paid overtime, regardless if pre-approved or not. However, employees should always receive pre-approval from their supervisor before working overtime, and failure to do so may lead to disciplinary action.
Can I receive compensatory time in lieu of overtime?
No. While Compensatory time off (comp time) is an option under the FLSA to a public agency that is a state, a political subdivision of a state, or an interstate governmental agency, UCF discontinued the practice of using compensatory time back in 2018.
Can I flex my time within a workweek in order to not exceed 40 hours?
Yes. However, it is important to always discuss flex time options with your supervisor so that there is proper and adequate coverage available.
Are holidays or leave considered in overtime calculations?
No. Per the FLSA, non-exempt (overtime eligible) employees are to be paid overtime for any TIME WORKED in excess of 40 hours in a workweek. For example, if an employee has 48 hours of total time in a particular workweek, with 40 hours being TIME WORKED and the other 8 hours being either holiday or leave time, there is NO overtime.
How will the law affect employees who work part-time?
The 40-hour equivalent compensation is NOT used to make this determination. The actual WEEKLY pay is used to determine whether an employee is over the salary threshold. A part-time or less than full-time employee will typically be overtime eligible if the pay falls below the new minimum salary requirement of $43,888 per year ($844 per week).
My salary is above the new threshold; however, I am changing to overtime eligible. Why is that?
Decisions were made at the job code/title level, and NOT at the individual position level, which means some employees may have a salary that is above the new minimum salary threshold of $43,888 but are changing to overtime eligible status.
Can I “opt out” of this change?
No. This is a federal law that all employers, including higher educational institutions, must abide by. While the FLSA does provide a few provisions to some very specific jobs in higher education (i.e. teachers), the vast majority of all other jobs must meet the three-part test requirement.