Managers

When you log into MyUMB to approve timesheets, the timesheet will indicate whether the employee is exempt or non-exempt. Managers will be notified and trained well in advance of the reclassification of any of their employees to non-exempt.

Managers who will have newly reclassified non-exempt employees will receive a communication from your school/administrative unit in early September 2016 with details about what this change will mean for your department. You also will receive a template letter for each impacted employee. You should be prepared to have an in-person discussion with each employee that will be reclassified to non-exempt status. You should also plan to attend any training that is offered to apprise you of the FLSA implementation. 

UMB is required to pay for all time worked by non-exempt employees. While the employee must report the overtime on their timesheet, the supervisor should plan to have a conversation with the non-exempt employee about the requirement of prior approval for working outside the normal work schedule. If this repeatedly continues after having the discussion, consult with Human Resource Services Employee/Labor Relations.

MyUMB provides managers with leave balances. When you approve timesheets, you can view this information when you click on the Leave Balances tab. You may want to develop a system within your unit to approve time off requests and to keep you updated on the use of leave.

Your employees should be obtaining prior approval from you before they work any overtime. If you believe your employees are working overtime and not reporting it on their timesheets, you must immediately remind them that overtime must be approved in advance. Working overtime that is not compensated is against policy, and employees who work overtime without comensation must be disciplined. UMB could face serious fines, penalties, and potentially, cuts in federal funding if ever audited by the Department of Labor.

Asking your employee to work through lunch is permissible provided that it is the exception, not the norm, and there is a valid business reason. If this time is in excess of 40 hours for the workweek, the employee must be paid overtime for hours over 40.

The workweek at UMB begins on Sunday and ends on Saturday. 

At UMB, non-exempt employees are eligible for overtime if they have more than 40 paid hours per week. Consider the following example:

• Employee works eight hours per day Monday through Thursday
• Employee takes eight hours of annual leave on Friday
• Employee works an additional eight hours on Saturday

In this scenario, the eight hours worked on Saturday are considered overtime hours and must be paid at time and one-half.

No, overtime is calculated based on the workweek, which is Sunday through Saturday. 

Part-time employees are paid overtime for hours paid over 40 per work week (Sunday-Saturday). Since part-time employees are typically not scheduled to work 40 hours per week, it would be unusual for a part-time employee to work enough hours to be eligible for overtime.

No, non-exempt employees must be compensated for all hours actually worked. 

Yes, UMB is required to comply with the FLSA and must pay overtime. 

No, the overtime requirement may not be waived under any circumstances due to federal guidelines.

Regardless of whether the overtime was approved, the employee must be paid accurately for hours worked, including overtime. However, the employee may be subject to progressive disciplinary action for working overtime that has not been approved in advance repeatedly. Consult with Human Resource Services – Employee/Labor Relations for more information. 

Yes, UMB is required to comply with the FLSA and must pay overtime regardless of the source of funding. 

A supervisor may adjust the schedule within the same workweek (Friday-Thursday) before over time has been worked. Consider the following:

• The employee works 10 hours each day Monday through Wednesday, for a total of 30 hours
• The manager can limit the hours the employee works on Thursday and Friday to five hours each day. 
• The total hours worked for the week is 40.

Please note that the supervisor may not avoid overtime by adjusting the schedule in a different workweek. 

Supervisors may designate available overtime as eligible to be paid out as compensatory time, which is sometimes called “comp time." Compensatory time is time off granted in lieu of being paid out as overtime. A non-exempt employee may request to receive compensatory time off instead of overtime payment. Employees cannot, however, be required to accept compensatory time instead of receiving overtime payment.

Compensatory time is accumulated at the rate of 1.5 hours of compensatory time for each overtime hour worked. Please see the MOU for the non-exempt collective bargaining unit for more details about compensatory time.

When an employee travels during regular work hours, it is considered to be working time, and it is compensable. Time spent traveling or "commuting" to work is non-compensable (not payable). This is true, even where an employee must drive a long distance. However, as stated in the previous section, once reporting to work (such as to the employer's shop or office, or any other place an employer requires an employee to report), the employee must then be paid for the time necessary to travel to a work site or to accomplish some other mission the employer assigns. Overnight travel is compensated for the time that overlaps the regular work hours. Meal periods are not paid while traveling unless it is a working lunch. All hours worked are paid while traveling.