18/24/20141 Wage & Hour Compliance TIMEKEEPING POLICIES AND PROCEDURES POLICIES AND PROCEDURES.

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Presentation transcript:

18/24/20141 Wage & Hour Compliance TIMEKEEPING POLICIES AND PROCEDURES POLICIES AND PROCEDURES

2 Why the Training? The University must comply with Federal and State Wage and Hour laws for Non-Exempt employees The University must comply with Federal and State Wage and Hour laws for Non-Exempt employees Ensure consistent application of time/record keeping practices and payment of overtime for non-exempt employees in accordance with University policies (non-union) and applicable CBAs (union) Ensure consistent application of time/record keeping practices and payment of overtime for non-exempt employees in accordance with University policies (non-union) and applicable CBAs (union) 8/24/20142

New York State Labor Law 195 All employers in New York State are required to inform employees hired on or after October 26, 2009 when they will be paid how frequently they will be paid the rate per pay period.

48/24/20144 Non-Exempt vs. Exempt Non-Exempt Non-Exempt Paid on a hourly basis (no lump sum payments allowed) Paid on a hourly basis (no lump sum payments allowed) Receive checks bi-weekly Receive checks bi-weekly Paid for overtime based on weekly hours worked (time and a half for hours in excess of 35 per week under applicable CBAs and University policy) Paid for overtime based on weekly hours worked (time and a half for hours in excess of 35 per week under applicable CBAs and University policy) Complete timesheets Complete timesheets Must take and record lunch period Must take and record lunch period Must record all hours worked Must record all hours worked Exempt (from Overtime) Exempt (from Overtime) Paid on a salaried basis Paid on a salaried basis Not paid by hours worked/daily hours are not recorded Not paid by hours worked/daily hours are not recorded Not legally required to take lunch and breaks Not legally required to take lunch and breaks All exempt employees need to be compensated on a salaried basis at a rate of not less than $455 per week All exempt employees need to be compensated on a salaried basis at a rate of not less than $455 per week

5 Criteria for Non-Exempt Work Work is typically categorized as clerical in nature: filing, filling out forms and preparing routine reports, answering telephones, making travel arrangements, copying, data entry and processing Many clerical workers also exercise some discretion and judgment in their jobs. However, what distinguishes this from Exempt work is that the exercise of judgment and discretion must be about matters of considerable importance to the operation of the department or Columbia University as a whole.

6 Criteria for Exempt Work Typically involves the exercise of discretion and judgment, with the authority to make independent decisions on matters which affect the department as a whole or a significant part of it, or the University generally Typically involves the exercise of discretion and judgment, with the authority to make independent decisions on matters which affect the department as a whole or a significant part of it, or the University generally Have the authority to formulate and/or interpret university policies; has authority to waive or deviate from established policies and procedures without prior approval Have the authority to formulate and/or interpret university policies; has authority to waive or deviate from established policies and procedures without prior approval Have the authority to commit the University in matters which have significant financial impact; has authority to negotiate and bind the School/University on significant matters Have the authority to commit the University in matters which have significant financial impact; has authority to negotiate and bind the School/University on significant matters Is involved in planning long- or short-term business objectives Is involved in planning long- or short-term business objectives Have the authority to hire or fire other employees, or the employee’s suggestion and recommendations as to the hiring, firing, advancement, promotion or other change of status must be given particular weight Have the authority to hire or fire other employees, or the employee’s suggestion and recommendations as to the hiring, firing, advancement, promotion or other change of status must be given particular weight

7 Job Descriptions Job descriptions for all employees, including hourly casual and student workers, must be evaluated for exempt or non-exempt status

88/24/20148 Hours of Work  Normal business hours set by department  Generally, University business hours are 9 a.m. until 5 p.m. - seven hours per day/35 hours per week (varies based on department and area)  Supervisor & subordinates can agree on variations providing business needs are met (e.g., 8:30 – 4:30; 9:30 – 5:30)  Employee should arrive on time and adhere to their schedule  Unpaid meal break is required if work shift is 5 hours or longer

Overtime Must be approved in advance by supervisor or management level designee Must be approved in advance by supervisor or management level designee OT must be paid at time and a half for hours worked in excess of 35 hours in a workweek OT must be paid at time and a half for hours worked in excess of 35 hours in a workweek Comp time in lieu of OT is allowed for 2110 members. Must be used within 60 days from the time worked or paid out at the rate of time and a half Comp time in lieu of OT is allowed for 2110 members. Must be used within 60 days from the time worked or paid out at the rate of time and a half If unapproved overtime is worked, it must be paid and then dealt with as a performance management issue If unapproved overtime is worked, it must be paid and then dealt with as a performance management issue

108/24/ Compensation for All Hours Worked Normal commute to and from work is not compensable Normal commute to and from work is not compensable Travel required by employer in order to attend meetings or other work-related activities is compensable Travel required by employer in order to attend meetings or other work-related activities is compensable Working before or after-business hours, from home, during lunch Working before or after-business hours, from home, during lunch Supervisors must be aware of & anticipate the potential for overtime costs for non-exempt employees Supervisors must be aware of & anticipate the potential for overtime costs for non-exempt employees

118/24/ Time Records Must document exact start and end times Must document exact start and end times Timesheets should be completed on a daily basis and submitted to the supervisor on a weekly or bi-weekly (depending on pay period) Timesheets should be completed on a daily basis and submitted to the supervisor on a weekly or bi-weekly (depending on pay period) Supervisor or pre-arranged management level designee must sign timesheet every pay period Supervisor or pre-arranged management level designee must sign timesheet every pay period Must reflect ALL hours worked. Supervisor is responsible for managing and approving all hours worked. Must reflect ALL hours worked. Supervisor is responsible for managing and approving all hours worked.

Time Sheet Instructions Estimating/rounding time Estimating/rounding time Do not round the time to make it easier to add, i.e. 8:07 to 8:15 Do not round the time to make it easier to add, i.e. 8:07 to 8:15 Record the exact start and end work times Record the exact start and end work times Running department errands Running department errands Not done during lunch hour Not done during lunch hour Lunch begins/ends when errand is done/started Lunch begins/ends when errand is done/started Meal Break Meal Break Is generally 1 hour (minimum of 30 minutes) Is generally 1 hour (minimum of 30 minutes) Record exact lunch times Record exact lunch times

138/24/ Time Sheet Instructions Extended lunch period Extended lunch period Must be approved by supervisor in advance Must be approved by supervisor in advance Record exact times on the timesheet Record exact times on the timesheet Time off with pay Time off with pay Record exact times Record exact times Use designated absence codes, I.e., “V”, “H”, etc. Use designated absence codes, I.e., “V”, “H”, etc. Leaving Early / Arriving Late Leaving Early / Arriving Late Get prior supervisor approval Get prior supervisor approval Dr. appointment Dr. appointment  Where appropriate use paid time off (consult HR or CBA if applicable)  Record exact times Personal appointment Personal appointment  Record exact times  Make up time with approval

New Casual Timesheet

158/24/ Facts & Tips for Supervisors It is the responsibility of the Supervisor to ensure that time sheets accurately reflect the time worked It is the responsibility of the Supervisor to ensure that time sheets accurately reflect the time worked The Supervisor’s signature on the timesheet signifies that s/he has reviewed and approved the time entered on the timesheet The Supervisor’s signature on the timesheet signifies that s/he has reviewed and approved the time entered on the timesheet If there is a problem with the timesheet, the Supervisor should talk to the employee and resolve the problem before signing the timesheet If there is a problem with the timesheet, the Supervisor should talk to the employee and resolve the problem before signing the timesheet

16 Questions? 8/24/201416

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