Laserfiche WebLink
<br />~ ..'..., <br /> <br />002825 <br /> <br />The Fair Labor Standards Act (FLSA) and <br />state government - some details <br /> <br />This is the second in a series regarding the Fair Labor Standards Act (FLSA), as it applies to employees of state <br />and local governments. More detailed information on FLSA issues is published through THE ADVISOR, a monthly <br />publication by the Department of Personnel for state personnel professionals. <br /> <br />Who is covered by FLSA? <br /> <br />Under FLSA, state employees are either ex- <br />empt (not eligible for overtime payment) or non- <br />exempt (eligible for overtime payment). Most <br />state exempt employees may be identified as <br /> <br />executive, administrative or professional exempt. <br />Agency personnel offices have received charts <br />which can aid in determining FLSA eligibility. <br /> <br />What if an employee works for two state agencies? <br /> <br />When an employee works part time for another <br />department or division, two questions arise: <br />1. Is the employee working for two different <br />employers? <br />2. Does the work time for both jobs need <br />to be combined for overtime calculation <br />purposes? <br />The answer to question #1 is No. The state of <br />Colorado is considered one employer for most <br />state classified employees. <br />Regarding question #2, the answer is <br />"Usually it does, but there are exceptions." <br />As an example, if an employee <br />(a) volunteers (without being forced) on an <br />occasional or sporadic basis, <br /> <br />(b) to perform for a different or the same agen- <br />cy, work which is different from what is regularly <br />assigned to the employee, these part-time hours <br />do not have to be added to the regular work <br />hour calculation. <br /> <br />In reality, these two conditions are seldom met. <br />Agencies typically want to hire people on a part- <br />time basis to perform duties similar to their <br />regular assignments. <br /> <br />But, there are exceptions to the answers to <br />both questions. More detailed guidelines based <br />on a U.S. Department of Labor (DOL) opinion <br />have been provided to agency personnel profes- <br />sionals. <br /> <br />Is overtime to be paid in cash or compensatory time? <br /> <br />FLSA allows for payment either way, at a rate <br />of not less than 1.5 hours of time or pay rate for <br />each hour worked. <br />But, compensatory time can be used as pay- <br />ment only if employees have agreed to that <br />type of payment without coercion or <br />pressure. Some agencies assume that agree- <br />ment by the employee to receive payment in <br />compensatory time is implied because the policy <br />was mentioned during employee orientation or in <br />the state employee handbook. Don't assume' <br />Reach a written agreement before the overtime <br />work begins; such an agreement might be <br /> <br />included in conditions of employment when new <br />employees are hired. If your agency can neither <br />reach written agreement with the employee nor <br />afford the overtime cash payment, don't allow <br />the employee to work overtime. <br /> <br />(NOTE: For those employees hired before <br />4/15/86 and where the agency already had the <br />practice of granting compensatory time in lieu of <br />paying cash for overtime, agreements do not <br />have to be reached .) <br /> <br />Leaders'Digest <br /> <br />Winter 1991 <br /> <br />Page 4 <br />