FLSA (Fair Labor Standards Act) FAQ's


Q - When does USU's work week begin?
A - Saturday morning at 12:01 am.

Q - When does USU's work week end?
A - The following Friday evening at midnight.

Q - Who can be compensated for overtime?
A - Non-exempt employees (whether benefited or not) can earn overtime.

Q - How much is the overtime compensation?
A - Non-exempt employees earn at 1.5 times their regular rate.

Q - When does the overtime rate begin?
A - Any hour that is worked over the "normal" 40 hours in a work week.

Q - I'm scheduled to work 20 hours per week. Do I get overtime for working more than 20 hours?
A - No. Overtime only goes into effect when an individual works more than 40 hours in a work week.

Q - If my shift doesn't begin until 7:00 am, and my boss wants me to come in at 6:00 am and work until the regular quitting time, do I have to come in early?
A - Yes. Agreeing to work overtime when requested is a condition of employment.

Q - It is difficult to get to work on time when I have to take my kids to school. Can I work a flexible schedule?
A - The department head/supervisor can give approval for flexible working arrangements if they are compatible with the efficient and effective operation of the department.

Q - Can I save up my unused "break" time and leave work early?
A - Rest periods are not cumulative and should not be taken at the start or end of the work day.

Q - How long is a "break" period?
A - Up to 15 minutes worth of rest periods can be taken within each four hour work segment.

Q - Can I eat my lunch at my desk?
A - Employees are encouraged to take this time away from the regular work station.

Q - Why do I have to sign my time card every two weeks?
A - The FLSA requires that the employee sign and the supervisor approve the time sheet/card to verify that the hours worked are accurate. USU pays non-exempt wage hourly workers on a twice-per-month basis.

Q - I worked more than 40 hours in a week, but my boss told me to move those hours to next week. Is that legal?
A - An accurate record of work hours must be signed by the employee and approved by the supervisor. Falsifying records to avoid compensating an employee for working more than 40 hours in a work week is, indeed, illegal.

Q - I would like to make a little more money for Christmas. Can I work more hours in a week to get the overtime pay?
A - Overtime should be approved ahead of time by the department head/ supervisor.

Q - Can I decide whether to get the compensatory time off or get paid for overtime?
A - The department head/supervisor will decide whether an employee will receive compensatory time off or overtime pay.

Q - I had to work on Thanksgiving. Don't I get overtime for that day?
A - If you actually worked only 40 hours in that work week, you would receive 40 hours of straight time, plus 8 additional hours at straight time for holiday pay. Overtime only occurs when an individual actually works more than 40 hours in a work week.

Q - My boss asked two other colleagues in our office to go with her to a conference; she drove. We didn't get back until 8:00 pm. Don't we get compensated for those three hours of overtime?
A - The FLSA states that if the employee is not performing work for the benefit of the employer, the time outside of the employee's regular working hours is not compensable.

EXAMPLES OF TRAVEL SITUATIONS

  • Priyanka and Cha drive to a conference in Provo.
    • They leave Logan at 8:00 am; their regular work starting time.
    • They leave the conference in Provo at 5:00 pm.
    • Priyanka drives back to Logan and will be compensated for the driving time.
    • Cha will not necessarily be compensated for the time after 5:00 pm, because the Department of Labor Fair Labor Standard's Act (FLSA) states that travel outside of work is not compensable when the employee is a passenger and free to relax.
  • Jack and Joe are flying to a conference.
    • On the plane, Joe (a non-exempt employee) works on his laptop preparing Jack's speech.
    • This time is compensable because Joe is not relaxing, but doing work.
  • After the conference, Jack goes out to a nightclub until 1:00 am.
    • Joe returns to his room after the conference and watches TV.
    • Neither man is entitled to pay for his after-conference activities because those activities did not involve work for USU.

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