49 Fair Labor Standards Act
Policy Statement (Board Approval Date: 03/22/11)
It is the policy of MSC to adopt and implement the Fair Labor Standards Act (FLSA) and its regulations, in accordance with the policy of the state of Oklahoma as set forth by the Governor’s Executive Order No. 85-7. Further, it is the policy of this agency to adhere to the OPM Policy Guidelines of FLSA. Murray State College will cooperate with any and all other state agencies and appointing authorities in the state’s efforts to maintain compliance with the FLSA and its regulations. This policy is subject to revision as needed in order to maintain compliance with the Fair Labor Standards Act and its regulations.
Procedure:
Murray State College trains appropriate agency personnel in the requirements and provisions of the Act, its regulations and relevant court decisions. Further, this agency makes every reasonable effort to stay abreast of changes in the legal requirements of the Act. Murray State College will post appropriate information on the FLSA, as provided by the Wage and Hour Division of the U.S. Department of Labor in order to keep employees properly informed.
Record Keeping: Murray State College records hours worked for compliance with FLSA for non-exempt and hourly staff. Each supervisor, on a weekly basis, records any time worked by their subordinates in excess of the established work period(s). Such record is to clearly state the employee’s name, the amount of time worked, and the date the work was performed. Both the employee and the employee’s supervisor must sign and date the record as an indication of their agreement as to the time worked. Supervisors will utilize the Time and Attendance Form to record time worked as well as any leave time taken.
Overtime: Each employee is responsible for obtaining supervisor approval of any time they plan to work in excess of the work hours established and posted as the official work period for their position. Although any authorized overtime worked is properly compensated as required by law, all employees are cautioned that overtime worked without prior approval may lead to disciplinary action. Work schedules are adjusted by the area supervisor to avoid overtime in most cases. If there is a bona fide necessity for overtime, it must be approved by the area supervisor, and any payment for overtime must be approved by the President. If overtime is approved, pay is at the rate of one and one-half times the regular hourly rate of pay.
Compensatory Time: Comp time may be utilized with the supervisor’s approval in lieu of overtime pay. The employee will be compensated at a rate of 1.5 times the rate of pay for hours worked to determine the comp time that will be utilized. Due to their job responsibilities, some positions are exempt from the 40-hour workweek limitation. Comp hours are to be tracked by the area supervisor utilizing the Time and Attendance Record (MSC Commons).
Establishment of the Workweek: The workweek will be five days within a seven-day period, beginning at 12:01 a.m. on Sunday through 12:00 midnight on Saturday. Normal working hours are 8:00 a.m. to 12 noon and 1:00 p.m. to 5:00 p.m., Monday through Friday, making a 40-hour workweek. Exceptions to the normal working hours will be made when necessary to meet the needs of the institution.
Rest Break: Each area is to allow non-exempt employees one rest period during the first half of the work shift and one rest period during the second half of the work shift. Rest periods should not exceed 15 minutes in duration and must be taken by non-exempt employees. Such breaks may not be accumulated if not taken.
Lunch Breaks: Each non-exempt employee is to have a scheduled one-hour lunch break daily. No work is to be done for the institution during the lunch break. Lunch break time may not be accumulated if not taken.