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Section
26.000
Policies and Procedures Manual
Human Resources Department
26.000
COMPENSATORY TIME AND RECORD KEEPING - FAIR LABOR STANDARDS ACT
The
Fair Labor Standards Act (FLSA),
as amended, covers all positions held by employees of the Trial
Court, including employees in positions covered by a collective
bargaining agreement.
The
FLSA contains minimum wage, overtime pay and record keeping requirements
applicable to employees of the Trial Court, except certain employees
in positions excluded from the FLSA as provided therein.
26.100 Covered
Employees and Exemptions
All
employees of The Trial Court are covered by the FLSA unless specifically
excluded therein. The FLSA recognizes two basic categories:
Nonexempt
Employees - these are employees in positions subject to the
minimum wage and overtime provisions of the FLSA
Exempt
Employees - these are employees in positions which are not
subject to the minimum wage and overtime provisions of the FLSA
The
exempt category consists of subordinate categories of positions
whereby the nature of jobs meet the criteria as defined within the
FLSA. The four categories applicable within the Trial Court are:
1.
elected officials
2.
executive employees
3.
administrative employees
4.
professional employees
Section
26.800 below provides a list of positions classified as "exempt"
by type of exemption (elected official, executive, administrative
or professional). These positions (exempt) are excluded from the
overtime provisions of the FLSA. The determination of a position
as "exempt" or "nonexempt" is made by the Human Resources Department.
26.200 Overtime
The
following provisions under the FLSA apply to overtime worked after
April 15, 1986. See section 26.600 below regarding overtime worked
and compensatory time earned and accrued prior to April 15, 1986.
Nonexempt
employees who actually work overtime hours in a workweek will receive
compensatory time off as follows:
| a. |
at
the "straight" time rate (hour-for-hour) for hours actually
worked or paid (including paid leaves of absence) in excess
of 37½ hours in a workweek but not more than 40 hours in a workweek;
|
| b. |
at
the rate of "time and one half" (1½ hours for 1 hour) for hours
actually worked or paid (including paid leaves of absence) in
excess of 40 hours in a workweek. |
Overtime
hours are all hours actually worked in excess of the number of hours
in an employee's regularly scheduled workweek as established by
the department head. An employee shall not work overtime unless
such overtime is authorized by the department head prior to the
overtime being worked. Employee time which is free from duty during
such periods of time for lunch, travel to and from work, paid and
unpaid leaves of absence and other periods when the employee is
free from duty are not considered as hours worked. An authorized
rest period (coffee break) shall count as hours worked. Such rest
periods shall not be used to affect other time which counts as hours
worked.
An
employee must have the approval of the department head prior to
compensatory time off being taken. An employee will request of his/her
department head time off for earned, accumulated compensatory time.
An employee will be permitted to use such time within a reasonable
period after making the request if the use of compensatory time
does not unduly disrupt operations of the court or Administrative
Office. If the time off as requested by the employee cannot be approved
by the department head, or if the employee does not request time
off, the department head will designate the dates when such time
is to be taken off by the employee. The department head shall see
that an employee takes compensatory time off as follows:
| a. |
within
12 months of when compensatory time is earned; or
|
| b. |
prior
to an employee accumulating 60 hours of compensatory time, whichever
occurs first (unless an additional amount is authorized by a
collective bargaining agreement). |
The
FLSA sets specific limits on the number of hours of compensatory
time that an employee can accumulate for overtime hours worked after
April 15, 1986. To ensure compliance with the FLSA, each department
head is responsible for ensuring that employees take accrued compensatory
time off on a timely basis as above, and that no employee accumulates
more than 75 hours of compensatory time for overtime hours worked
after April 15, 1986 (unless an
additional amount is authorized by a collective bargaining agreement).
The
department head is also responsible to see that overtime is distributed
as equitably as practicable consistent with the work to be done
within a particular court/department. However, in no event will
the department head authorize overtime work for an employee who
has accumulated 75 hours of compensatory time as a result of overtime
worked after April 15, 1986 (unless
an additional amount is authorized by a collective bargaining agreement).
Compensatory
time off may be used in 2-hour increments at the beginning or end
of the work day with the approval of the Department Head or may
be taken in 4-hour increments.
26.300 Computation of Overtime Pay
The
department head shall not authorize an employee to receive pay in
lieu of compensatory time off unless:
1.
Such overtime is authorized in writing by the Chief Justice for
Administration and Management or designee prior to the overtime
being worked. To obtain such authorization, the department head
will submit a timely written request to the Chief Justice for Administration
and Management or designee which will include the employee's name,
reason overtime is required, dates overtime is to be worked, dollar
cost of overtime and the funded budget account number to be charged.
Overtime pay in lieu of compensatory time off shall not be authorized
unless funds have been appropriated in the department's budget and
are available for expenditure.
2.
When an employee's employment with the Trial Court is terminated,
accrued, unused compensatory time will be paid at a rate of compensation
of not less than:
a.
the average regular rate received by such employee during the last
three years of the employee's employment; or
b.
the final regular rate received by such employee, whichever is higher.
When
overtime work is to be paid for, it is necessary to reduce an employee's
salary to an hourly rate of pay. The FLSA specifies that certain
other remuneration paid to an employee be (1) included, (2) excluded
in determining an employee's regular hour rate. Shift differential
must be included in determining an employee's regular hourly rate.
Payments that are excluded from determining an employee's regular
hourly rate are:
a.
payments to an employee for travel expenses for official business
of the Court including mileage, toll and parking costs and meals;
b.
payments to an employee for certain idle hours, when an employee
is not at work, including vacation, holidays, sick leave, jury duty,
bereavement leave, personal leave, compensatory time off and workers'
compensation;
c.
contributions irrevocably made by the Employer to "benefit" plans,
including retirement, life, accident or health insurance or similar
benefits to an employee.
26.400 Record keeping
The
FLSA requires that certain records be made and preserved by management
for "exempt" and "nonexempt" employees for specified minimum periods
of time. Such records pertain to wages, hours and employment practices.
The department head is responsible for the maintenance of these
records. Records required for exempt employees differ from those
for nonexempt employees.
The
following identifies:
a.
The information/records to be made and preserved on employees.
b.
The manager or office with the primary responsibility for the making
and preservation of required information/records.
I.
The following information is required to be kept on nonexempt employees:
| REQUIRED
INFORMATION/RECORD |
PRIMARY
RESPONSIBILITY FOR INFORMATION/RECORD AND FORM |
| 1. |
Name
of employee in full. |
Department
Head
*Employee Profile |
| 2. |
Home
address, including zip code. |
Department
Head
*Employee Profile |
| 3. |
Date
of birth, if under 19. |
Department
Head
*Employee Profile |
| 4. |
Sex. |
Department
Head
**Attendance Record (calendar) |
| 5. |
Position
title. |
Department
Head
** Attendance Record (calendar) |
| 6. |
Time
of day and day of week on which employee's workweek begins. |
Department
Head
** Attendance Record (calendar) |
| 7. |
Hours
worked each workday and total hours worked each workweek |
Department
Head ** Attendance Record (calendar) |
| 8. |
Total
overtime resulting in compensatory time for the workweek, that
is the excess compensatory time for overtime worked which amount
is over and above all straight time hours. |
Department
Head
** Attendance Record (calendar) |
| 9. |
Regular
hourly rate of pay for any week when overtime is worked, the
basis on which wages are paid (such as $200/week, $12,500/year)
and the amount and nature of each payment. |
Payroll-Fiscal
Affairs, AOTC
Payroll Warrant |
| 10. |
Total
weekly straight time earnings for hours worked during the workweek. |
Payroll-Fiscal
Affairs, AOTC
Payroll Warrant |
| 11. |
Total
additions to or deductions from wages paid each pay period along
with dates, amounts and nature of said additions and deductions. |
|
| 12. |
Total
wages paid each pay period. |
|
| 13. |
Rate
of payment and the pay period covered by payment. |
|
II.
The following information is required to be kept on exempt employees:
| REQUIRED
INFORMATION/RECORD |
PRIMARY
RESPONSIBILITY FOR INFORMATION/RECORD AND FORM |
| 1. |
Name of employee in full. |
Department Head
*Employee Profile |
| 2. |
Home address, including zip code. |
Department Head
*Employee Profile |
| 3. |
Date of birth, if under 19. |
Department Head
*Employee Profile |
| 4. |
Sex. |
Department Head
*Employee Profile |
| 5. |
Position title. |
Department Head
*Employee Profile |
| 6. |
Time of day and day of week on which
employee's workweek begins. |
Department Head
**Attendance Record (calendar) |
| 7. |
Total wages paid each pay period. |
Payroll-Fiscal Affairs,
AOTC
Payroll Warrant |
| 8. |
Date of payment and the pay period
covered by payment. |
Payroll-Fiscal Affairs,
AOTC
Payroll Warrant |
| 9. |
The basis on which wages are paid so that the
employee's total remuneration for employment for each pay period
can be calculated including fringe benefits. |
Payroll-Fiscal Affairs, AOTC
Payroll Warrant |
III.
The following records must be preserved for three years:
| REQUIRED
INFORMATION/RECORD |
PRIMARY
RESPONSIBILITY FOR INFORMATION/RECORD AND FOR |
| 1. |
Payroll records. |
Payroll-Fiscal Affairs,
AOTC
All Payroll Records |
| 2. |
Collective bargaining agreements
and all amendments or additions thereto. |
Human Resources Department
Collective Bargaining Agreements and Amendments |
| 3. |
Plans, trusts and employment contracts. |
Department head in the Trial Court
who signs plans, trusts and employment contract |
| 4. |
Certificates and notices prepared in regard to
application and implementation of the FLSA. |
Department head in the Trial Court
who signs any such documents |
IV.
The following records must be preserved for two years:
| REQUIRED
INFORMATION/RECORD |
PRIMARY
RESPONSIBILITY FOR INFORMATION/RECORD AND FORM |
| 1. |
Basic employment. |
Department Head
Employee's Personnel File |
| 2. |
Daily starting and stopping times
of employees. |
Department Head
**Attendance Record (calendar) |
| 3. |
Worktime schedules which establish
the hours and days of employment of individual employees. |
Department Head
**Attendance Record (calendar) |
| 4. |
Basic earnings records |
Payroll-Fiscal Affairs,
AOTC
Payroll Warrant |
| 5. |
Salary schedules used in computing
straight time earnings of employees |
Payroll-Fiscal Affairs,
AOTC
Payroll Warrant |
| 6. |
Records of additions to or deductions
from wages paid. |
Payroll-Fiscal Affairs,
AOTC
Payroll Warrant |
*
The Employee
Profile (Appendix
C, Form F6) as contained in section 5.500 of this Manual.
**
The Attendance
Record (calendar) (Appendix
C, Form F3) as contained in section 7.000 of this Manual.
Note:
The time of day and day of week on which an employee's workweek
begins, and time of day an employee's workday ends should be recorded
on the top right hand side of the Attendance
Record form.
(This form will be revised to provide space for recording aforesaid
information.)
All
of the records required to be maintained under the FLSA shall be
made available within 72 hours following notice from the U.S. Department
of Labor and shall be open to them at anytime for inspection and
transcription.
26.500 Enforcement
- the FLSA authorizes representatives
of the US Department of Labor to investigate and gather data concerning
wages, hours and other employment practices; enter and inspect an
employer's premises and records; and question employees to determine
whether any person has violated any provision of the FLSA. Every
effort is made to resolve the issue of compliance and payment of
back wages at an administrative level. However, the FLSA also provides
the following enforcement procedures:
- An
employee may file suit to recover back wages and an equal amount
in damages, plus attorney's fees and court costs.
- The
Secretary of Labor may file suit on behalf of the employees for
back wages and an equal amount in damages.
- The
Secretary may obtain a court injunction to restrain any person
from violating the law, including unlawfully withholding proper
minimum wage and overtime pay.
- Employers
who have willfully violated the law may face criminal penalties,
including fines and imprisonment.
- Employees
who have filed complaints or provided information during any investigation
may not be discriminated against or discharged for having done
so. If they are, they may file a suit or the Secretary of Labor
may file a suit on their behalf for relief, including reinstatement
to their jobs and payment of wages lost plus monetary damages.
Any statute of limitations applies to the recovery of back wages
except in case of willful violations, in which case a 3-year statute
of limitations would be applicable.
26.600
Accrued Compensatory Time Earned Prior to April 15, 1986
Accrued
compensatory time resulting from overtime work performed prior to
April 15, 1986 is not subject to the above procedure nor the provisions
of the FLSA. Such compensatory time was earned on an "hour-for-hour"
basis and remains as such when compensatory time off is taken by
an employee.
The department head is responsible to see that:
1.
His/her employees with compensatory time earned and accrued prior
to April 15, 1986 take all such compensatory time off prior to termination
of employment, including retirement;
2.
Separate records are kept on each employee for overtime/accrued
compensatory time prior to April 15, 1986 and overtime/accrued compensatory
time after April 15, 1986 as per the above procedure for records
required by the FLSA.
26.700 General
- department heads are responsible for:
a.
establishing internal methods and controls for managing overtime,
compensatory time off and required records pursuant to the above
procedure;
b.
advising their employees on the above procedure.
26.800 List of Positions
The
following list provides examples of positions classified as exempt
by type of exemption (administrative, professional, elected official
or executive). These positions are exempt from the overtime provisions
of the FLSA:
ADMINISTRATIVE
Administrative
Assistant to Commissioner of Probation
Administrative Assistant for Intergovernmental Relations
Affirmative Action Officer
Assistant Clerk-Magistrate
Assistant Director of Security
Assistant Court Administrator
Assistant Manager, Fiscal Affairs
Assistant Register of Probate
Assistant Secretary to the Justices
Assistant Supervisor of Court Probation Services
Assistant Supervisor of Probation Services
Bail Administrator
Budget Analyst
Chief Court Officer
Clinic Director
Computer Systems Supervisor - AOTC
Court Administrator
Court Planner
Deputy Chief Title Examiner
Deputy Recorder
Director of Systems Operations and Planning
First Assistant Register of Probate
Human Resources Coordinators
Implementation Coordinator I
Implementation Coordinator II
Internal Auditor I
Internal Auditor II
Jury Census Manager
Operations Manager
Personnel Administrator
Project Leader/Systems Analyst
Regional Coordinator
Research Manager
Secretary to the Justices
Systems Analyst
PROFESSIONAL
Administrative
Attorney
Assistant Title Examiner
Associate Engineer
Associate Labor Counsel
Court Chaplin
Deputy Engineer
Foreign Language Interpreter
Labor Counsel
Land Engineer I
Law Library Coordinator
Land Engineer II
Law Clerk
Legal Counsel - District Court Department
Law Librarian
Head Law Librarian
Physician
Psychiatrist
Psychologist
Title Examiner
ELECTED
OFFICIALS
Clerk
of Courts - Superior Court Department
Registrar of Probate
EXECUTIVE
Departmental Chief Justice
AOTC Department Heads
Associate Justice
Chief Justice for Administration and Management
Chief Engineer
Chief Housing Specialist
Chief Probation Officer
Chief Title Examiner
Clerk Magistrate (except Superior Court Department)
Commissioner of Probation
Deputy Commissioners
Executive Director
First Deputy Commissioner
First Justice
Jury Commissioner
Recorder of the Land Court
Supervisor of Court Probation Services
Supervisor of Probation Services
For
more information on the FLSA and whether a position is exempt, contact
the Human Resources Department.
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