What is FLSA?
The Fair Labor Standards Act of 1938 is a federal law that establishes minimum wage, overtime and equal pay requirements. It also sets recordkeeping requirements, and some child labor laws. It was expanded in the 1960s and 70s, to apply to both private and government employees.
FLSA does not require daily overtime, but it does require it for an employee who works over 40 hours per week.
Benicia employees not covered by the provisions of FLSA include:
Independent contractors
Trainees (no City positions meet the FLSA definition of trainee),
Elected officials
Volunteers
Some staff bargaining groups (executive, administrative, mid-managers, computer).
Who is eligible for overtime?
Fulltime employees who are members of BSPA Union are covered by FLSA and will receive compensation in pay or time in lieu of pay for any hours worked that exceed 40 hours in one work week. In the library, it applies to all fulltime Library Technicians.
When does this go into effect for library staff?
July 1, 2008.
What is overtime? How will compensation be determined?
Overtime is time worked by a nonexempt employee that exceeds 40 hours in a workweek. Generally, overtime will fall into one of the following categories:
Emergency or mandated overtime: The Library Director or your supervisor can ask you to work outside of your scheduled hours or you may have to work overtime in response to an emergency situation. You may elect to be compensated in CTO or pay. This needs to be approved by your supervisor but approval may be granted retroactively if your supervisor is not available.
Voluntary overtime:. You may also be asked to work overtime to assist with a library program or function (e.g. the Farmers’ Market table). The request for participation should include how the time is to be compensated.
“Elective” overtime: You may work up to ½ hour per week if you feel you need extra time to catch up on work after an absence or to prepare for a special project or to do other tasks to deal with temporary demands on your work flow. If you choose to exercise this option, you will be compensated with time off. Submit a slip documenting this time to your supervisor.
When is approval needed?
All overtime will require your supervisor’s approval but may not require pre-approval.
Is lunch time or dinner time "work time" or "rest time"?
Bona fide meal time is not work time. The meal period generally must be at least 30 minutes. The employee must be completely relieved of all duties, and the employee must be free to leave the duty post.
A supervisor may ask an employee to work overtime if there is an emergency. What types of events qualify as emergencies?
Generally speaking, there is an emergency when:
All the public computers are down even after staff have done troubleshooting, including calling the appropriate contacts.
There is a major building issue (e.g. a spill or plumbing problem) that occurs in the absence of the Administrative Secretary or a fulltime Librarian.
Problems that occur in conjunction with a monetary transaction (e.g. the credit card machine will not complete a transaction, cash register malfunction) require the intervention of a supervisor.
The last minute absence of a part-time employee which requires a circulation supervisor to stay until a substitute can arrive.
Emergency operations (EOC work or library disaster) commence involving the City as a whole or the library specifically.
Can I come in early on staff meeting days to do a task (e.g. preparing the cash drawer, starting the computers, instructing volunteers, etc.) that must be completed before the library opens? What if I am working at the desk until closing and have to stay to help close the library?
FLSA prohibits changing an employee’s daily schedule to avoid paying overtime. However, it is permissible to permanently change your schedule to allow for recurring activities that would otherwise occur outside of scheduled work hours. If your job duties require that you be here early or late on a regular basis, your schedule may be changed so you arrive earlier/later and leave earlier/later to allow you to perform your assigned tasks.
Is every minute worked beyond my scheduled workday overtime?
No. The first ten minutes are not overtime. If you work eleven minutes, round up to fifteen and you accrue fifteen minutes (.25 hr.) of overtime.
Do I need approval from my supervisor every time I work outside of my scheduled workday?
Yes. Until we get used to the new system we would like you to have all overtime (see question above) approved by your supervisor. We will revisit this and it may change in the future.
How do I fill out my timesheet?
The newest timesheets have a section for:
“Reg OT @ 1.5” : record here the overtime hours for which you will be paid. Do not add the ½ time (e.g. if you worked 2 hours overtime, write “2” in that area). Finance will calculate the extra allowance.
“Comp Time Accr. @ 1.5” : record here overtime hours for which you are earning CTO. Do not add the ½ time. Finance will do that for you.
“Comp Time Used”: record here the actual time you use and it will be deducted from your leave balance.
For example: you work 4 hours of overtime and will take it as CTO. You write “4” on your time card under Comp Time Accr. @ 1.5
How do I know my CTO balance?
It will appear on your pay stub along with vacation, sick leave, and any other leave balances.
How do I use my CTO?
Use the same three-part form you use to request vacation leave. Record the time taken on your timesheet.
Can my request to use my CTO be denied?
Yes, but only if your absence would leave the library below its minimum staffing requirements. As with other leave requests, most situations can be worked out between you and your supervisor.
