General
Can a non-exempt employee travel for work and/or attend professional conferences?
In addition to their primary job at MSU, can non-exempt employees work a second job within another MSU department?
When is overtime paid to non-exempt employees at MSU?
Can employees work beyond their regularly scheduled hours or perform work at home without prior approval?
Can Non-exempt employees volunteer to work more than forty (40) hours in a workweek and choose not to be compensated?
Can Non-exempt employees report to work early and stay late?
Can an employee work through lunch and then leave early to avoid taking leave?
Can Non-exempt employees work through lunch and count that as overtime?
Supervisors/Scheduling Overtime
Are supervisors responsible for making sure non-exempt employees keep up with the timekeeping requirements and are paid for overtime hours?
What can a supervisor do if an employee consistently works overtime (including work from home) without prior approval?
What happens if the job requires consistent overtime to meet deadlines?
Non-Exempt Professional Employee
When do the changes to the FLSA go into effect?
Do I need permission to work overtime?
Currently, I receive compensatory time for overtime. Will that change as a result of the final rule?
How will I track my hours worked?
Will my schedule change?
If I earn less than $35,568, will my base compensation change as a result of the final rule?
Will this change impact my benefits or leave?
Can a non-exempt employee travel for work and/or attend professional conferences?
Yes. Non-exempt may still travel for work and/or attend professional conferences. However, employees and supervisors should become familiar with MSU’s travel policies and overtime policies to ensure employees are appropriately compensated.
In addition to their primary job at MSU, can non-exempt employees work a second job within another MSU department?
Non-exempt employees who work a second job within MSU that is classified as non-exempt must record these hours and be compensated accordingly. Non-exempt employees should discuss overtime compensation with supervisors in both positions prior to the work being performed to determine which unit will be responsible for overtime payments. Advance approval of both units is required.
When is overtime paid to non-exempt employees at MSU?
Overtime payments to non-exempt employees at MSU are typically paid on a delayed basis (next pay period after overtime hours are worked). Payments for regular hours worked by most exempt and non-exempt employees are paid current.
Can employees work beyond their regularly scheduled hours or perform work at home without prior approval?
No. Employees should discuss their schedules, including working from home, such as reading emails, etc., with their supervisors. This time is compensable and must be included in the regular 40 hour work week or the employee must be paid overtime or given compensatory time. Supervisors are responsible for making sure that work is not performed beyond scheduled hours of work without prior approval. Employees or supervisors who have questions about this process should contact their HRM Generalist.
Can Non-exempt employees volunteer to work more than forty (40) hours in a workweek and choose not to be compensated?
No. Non-exempt employees cannot waive their rights under the FLSA.
Can Non-exempt employees report to work early and stay late?
Supervisors are responsible for establishing and communicating work schedules that meet the needs of the university and that manage overtime. Flexible work schedules can be utilized; however, employees must record all hours worked including those before the scheduled start time and after.
Can an employee work through lunch and then leave early to avoid taking leave?
Supervisors are responsible for establishing and communicating work schedules that meet the needs of the university and that manage overtime. Flexible work schedules can be utilized; however, employees must record all hours worked including those before the scheduled start time and after.
Can Non-exempt employees work through lunch and count that as overtime?
While supervisors are responsible for establishing and communicating work schedules, non-exempt employees should not use the unpaid lunch period as an overtime option.
Are supervisors responsible for making sure non-exempt employees keep up with the timekeeping requirements and are paid for overtime hours?
Yes. Supervisors are directly responsible for managing staff and ensuring compliance with policy and practices. Departmental payroll staff is also responsible for working with supervisors in making sure non-exempt staff promptly and accurately record their hours worked.
What can a supervisor do if an employee consistently works overtime (including work from home) without prior approval?
Non-exempt employees are required to report all hours worked outside their regularly scheduled workweek to their supervisors. In all instances, non-exempt employees should be compensated for all hours worked, including overtime. Should an employee fail to follow University policy in obtaining prior approval for working overtime, contact your HRM Generalist for more information on the appropriate disciplinary actions.
What happens if the job requires consistent overtime to meet deadlines?
Supervisors should work with their leadership to determine how overtime hours and costs will be managed for their areas.
When do the changes to the FLSA go into effect?
All employers have until January 1, 2020 to comply with the DOL final rule; however, MSU will implement on December 16, 2019.
Do I need permission to work overtime?
Yes, you will need permission from your supervisor, or appropriate administrator prior to working beyond the established schedule.
Currently, I receive compensatory time for overtime. Will that change as a result of the final rule?
No. You will still receive compensatory time at a rate of 1½ times your regular rate of pay for hours actually worked over 40 hours. Personal leave, university holidays, etc. should not be factored when calculating hours worked.
How will I track my hours worked?
While some divisions have time clocks, the majority of employees will fill out a Semi-Monthly Time Report.
Will my schedule change?
No. While supervisors have the authority to change an employee’s schedule, with proper notice, we do not anticipate this change to have a significant impact to employee work schedules. Employees are expected to take an uninterrupted lunch break of at least 30 minutes when the employee is relieved of all work duties.
If I earn less than $35,568, will my base compensation change as a result of the final rule?
While you will be eligible for overtime, or compensatory time for all hours worked beyond 40 hours in a workweek, we do not anticipate this change to increase or decrease an employee’s base compensation.
Will this change impact my benefits or leave?
No. Employees will not see a change in their benefits or leave accruals.