Comments on: Making flex-time work: 4 keys http://www.hrbenefitsalert.com/four-keys-to-making-flex-time-work/ Daily dose of benefits news and know-how Tue, 04 Aug 2009 18:30:38 -0400 http://wordpress.org/?v=abc hourly 1 By: Julie http://www.hrbenefitsalert.com/four-keys-to-making-flex-time-work/comment-page-1/#comment-7438 Julie Thu, 30 Apr 2009 23:53:55 +0000 http://www.hrbenefitsalert.com/?p=187#comment-7438 I worked in an organization that had a plan very similar to the one Martha describes. It was a large governmental organization with at least 8 different union contracts, hourly and exempt employees. The way they 'got around' the issue of OT in excess of 40 hours per week was to amend the work week schedule. Work weeks began at noon on Friday. If it was your work Friday, the 4 hours before noon were in the first week and the four hours in the afternoon were scheduled in the second week. Rather than referring to it as "carry over" as Martha did, we simply changed the standard work week, which I think is well within DOL regulations. I worked in an organization that had a plan very similar to the one Martha describes. It was a large governmental organization with at least 8 different union contracts, hourly and exempt employees. The way they ‘got around’ the issue of OT in excess of 40 hours per week was to amend the work week schedule. Work weeks began at noon on Friday. If it was your work Friday, the 4 hours before noon were in the first week and the four hours in the afternoon were scheduled in the second week. Rather than referring to it as “carry over” as Martha did, we simply changed the standard work week, which I think is well within DOL regulations.

]]> By: Ally http://www.hrbenefitsalert.com/four-keys-to-making-flex-time-work/comment-page-1/#comment-6438 Ally Fri, 17 Apr 2009 19:43:20 +0000 http://www.hrbenefitsalert.com/?p=187#comment-6438 I'm in Calfornia. We have to pay overtime over 8 in a day and over 40 in a week. However, if ou decide to do an alternate workweek, you can do so by department, office or company as a whole IF you announce it early(I think it was 30 days notice), then you have an anonomous vote of all of the hourly employees (salaried don't get a vote) and if the majority votes yes, it is legal to institute the schedule and NOT pay overtime over 8 in a day. All of the details of this are in the CA Labor Law Digest or talk w/ your attorney. You have to make sure you do it right or you put your firm at risk, but it is possible. We did it one summer - 9 hr days Mon - Thurs w/ Friday off at noon. Employees loved it, but management wasn't convinced they got their full 9 hours/productivity out of employees. The advice in here about measurable performance criteria is good. I’m in Calfornia. We have to pay overtime over 8 in a day and over 40 in a week. However, if ou decide to do an alternate workweek, you can do so by department, office or company as a whole IF you announce it early(I think it was 30 days notice), then you have an anonomous vote of all of the hourly employees (salaried don’t get a vote) and if the majority votes yes, it is legal to institute the schedule and NOT pay overtime over 8 in a day. All of the details of this are in the CA Labor Law Digest or talk w/ your attorney. You have to make sure you do it right or you put your firm at risk, but it is possible. We did it one summer – 9 hr days Mon – Thurs w/ Friday off at noon. Employees loved it, but management wasn’t convinced they got their full 9 hours/productivity out of employees. The advice in here about measurable performance criteria is good.

]]> By: Ruth http://www.hrbenefitsalert.com/four-keys-to-making-flex-time-work/comment-page-1/#comment-2968 Ruth Thu, 19 Feb 2009 16:35:06 +0000 http://www.hrbenefitsalert.com/?p=187#comment-2968 I've been keeping up with this thread, and I have to agree with you, JB. I have been audited by the DOL/Wage and Hour division, and it's not pretty. Part of my corrective action was to ensure that we stuck to our work week, and that all hourly people were aware of it. I had to change my pay cycle as well as pay back wages to ex and current employees. JB, here's what Martha said: "In other words if you work 48 hours and you are only scheduled for 44 the 4 additional hours are at the appropriate OT rate for the classification of either exempt or non-exempt. If you work the 44 hours one week and 40 the next when you were scheduled for 36, the additional hours are at the OT rate..." Does this mean OT is over 36 one week and over 44 the next week? I'm glad it works for your company, Martha. But you are right - it is hard to explain without my seeing the timesheets. I guess if it works for your company and the employees are not confused, that's great! Good luck! I’ve been keeping up with this thread, and I have to agree with you, JB. I have been audited by the DOL/Wage and Hour division, and it’s not pretty. Part of my corrective action was to ensure that we stuck to our work week, and that all hourly people were aware of it. I had to change my pay cycle as well as pay back wages to ex and current employees. JB, here’s what Martha said: “In other words if you work 48 hours and you are only scheduled for 44 the 4 additional hours are at the appropriate OT rate for the classification of either exempt or non-exempt. If you work the 44 hours one week and 40 the next when you were scheduled for 36, the additional hours are at the OT rate…” Does this mean OT is over 36 one week and over 44 the next week?

I’m glad it works for your company, Martha. But you are right – it is hard to explain without my seeing the timesheets. I guess if it works for your company and the employees are not confused, that’s great! Good luck!

]]> By: JB http://www.hrbenefitsalert.com/four-keys-to-making-flex-time-work/comment-page-1/#comment-2895 JB Tue, 17 Feb 2009 20:25:06 +0000 http://www.hrbenefitsalert.com/?p=187#comment-2895 Just a friendly conversation but I still have a hard time understanding how this complies with federal regulations when you "carry 4 hours over from one pay week to the next". DOL does not permit hours to be averaged over two or more workweeks. A two week period combined as 80 hours is not a fixed regular workweek. In the week where 48 hours is worked, 8 hours of overtime should be paid. Some states require OT for any hours worked over 8 in a day. I am sure employees like having every other Friday off. The risk of not paying overtime correctly does not seem worth it from a management perspective. It only takes one employee complaint to potentially launch an audit that would encompass a review of all employees past pay. Is management aware of the penalties and back pay associated with violating overtime pay requirements? http://www.dol.gov/dol/topic/wages/overtimepay.htm http://www.dol.gov/esa/whd/regs/compliance/whdfs23.pdf Just a friendly conversation but I still have a hard time understanding how this complies with federal regulations when you “carry 4 hours over from one pay week to the next”. DOL does not permit hours to be averaged over two or more workweeks. A two week period combined as 80 hours is not a fixed regular workweek. In the week where 48 hours is worked, 8 hours of overtime should be paid. Some states require OT for any hours worked over 8 in a day.

I am sure employees like having every other Friday off. The risk of not paying overtime correctly does not seem worth it from a management perspective. It only takes one employee complaint to potentially launch an audit that would encompass a review of all employees past pay. Is management aware of the penalties and back pay associated with violating overtime pay requirements?

http://www.dol.gov/dol/topic/wages/overtimepay.htm
http://www.dol.gov/esa/whd/regs/compliance/whdfs23.pdf

]]> By: Martha http://www.hrbenefitsalert.com/four-keys-to-making-flex-time-work/comment-page-1/#comment-2890 Martha Tue, 17 Feb 2009 19:42:26 +0000 http://www.hrbenefitsalert.com/?p=187#comment-2890 JB, they are paid over time, our system does comply with DOL overtime regs and FLSA. This is very hard to explain with out looking at the timesheets. If you are scheduled for 9 hours and work more than the 9 hours you are paid overtime. We have been using the flex schedule for over two years and have not had any problem in fact I think we would have a riot if we went back to working 5 days a week every week. Everyone loves having the every other friday off. JB, they are paid over time, our system does comply with DOL overtime regs and FLSA. This is very hard to explain with out looking at the timesheets. If you are scheduled for 9 hours and work more than the 9 hours you are paid overtime. We have been using the flex schedule for over two years and have not had any problem in fact I think we would have a riot if we went back to working 5 days a week every week. Everyone loves having the every other friday off.

]]> By: JB http://www.hrbenefitsalert.com/four-keys-to-making-flex-time-work/comment-page-1/#comment-2885 JB Tue, 17 Feb 2009 17:24:43 +0000 http://www.hrbenefitsalert.com/?p=187#comment-2885 Martha - How does the 9-80 comply with DOL overtime regulations? Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. Martha – How does the 9-80 comply with DOL overtime regulations? Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay.

]]> By: Martha http://www.hrbenefitsalert.com/four-keys-to-making-flex-time-work/comment-page-1/#comment-2835 Martha Mon, 16 Feb 2009 19:29:24 +0000 http://www.hrbenefitsalert.com/?p=187#comment-2835 JB, No any hours worked in the 2week period that are over the 80 hours is paid overtime. The Friday that the person works, the first 4 hours is for that week the other 4 hours is carred over to the following week to make 80 hours for the 2 week period. 9-80 schedule, in other words you work 80 hours in a 9 day period. JB, No any hours worked in the 2week period that are over the 80 hours is paid overtime. The Friday that the person works, the first 4 hours is for that week the other 4 hours is carred over to the following week to make 80 hours for the 2 week period. 9-80 schedule, in other words you work 80 hours in a 9 day period.

]]> By: JB http://www.hrbenefitsalert.com/four-keys-to-making-flex-time-work/comment-page-1/#comment-2828 JB Mon, 16 Feb 2009 16:40:59 +0000 http://www.hrbenefitsalert.com/?p=187#comment-2828 Martha, Am I understanding correctly that you are only paying overtime in the first week for hours worked over 44? I am trying to understand how this compliant with the DOL. Martha,

Am I understanding correctly that you are only paying overtime in the first week for hours worked over 44? I am trying to understand how this compliant with the DOL.

]]> By: Martha http://www.hrbenefitsalert.com/four-keys-to-making-flex-time-work/comment-page-1/#comment-2701 Martha Fri, 13 Feb 2009 19:23:52 +0000 http://www.hrbenefitsalert.com/?p=187#comment-2701 Ruth, If they work more than the number of hours necessary for the week they work, that is overtime and paid accordingly. In other words if you work 48 hours and you are only scheduled for 44 the 4 additional hours are at the appropriate OT rate for the classification of either exempt or non-exempt. If you work the 44 hours one week and 40 the next when you were scheduled for 36, the additional hours are at the OT rate. This schedule is used for both our exempt and non-exempt employees and both enjoy the benefits of being off. Jo, As for holidays, they are paid the number of hours that they would work on that day if it was not a holiday. If the holiday is on Monday - Thursday then they are paid 9 hours for the holiday. If it is a Friday they are paid 8 hours for the holiday. If the holiday falls on their flex day then the Thursday before the Friday is the flex day instead of the Friday. EX. Since the 4th of July is on Saturday the holiday is Friday, if it was your flex friday then you would flex on Thursday rather than Friday. We have an A Schedule and a B schedule that works well for our company. Of course this year if you are on the A schedule you will make out good for the Thanksgiving and Christmas holidays. Just remember next year the other schedule will have the long week-ends off. This is a great benefit for the employees and I have not heard any unhappy noise regarding the schedule. Ruth, If they work more than the number of hours necessary for the week they work, that is overtime and paid accordingly. In other words if you work 48 hours and you are only scheduled for 44 the 4 additional hours are at the appropriate OT rate for the classification of either exempt or non-exempt. If you work the 44 hours one week and 40 the next when you were scheduled for 36, the additional hours are at the OT rate. This schedule is used for both our exempt and non-exempt employees and both enjoy the benefits of being off.

Jo, As for holidays, they are paid the number of hours that they would work on that day if it was not a holiday. If the holiday is on Monday – Thursday then they are paid 9 hours for the holiday. If it is a Friday they are paid 8 hours for the holiday. If the holiday falls on their flex day then the Thursday before the Friday is the flex day instead of the Friday. EX. Since the 4th of July is on Saturday the holiday is Friday, if it was your flex friday then you would flex on Thursday rather than Friday.

We have an A Schedule and a B schedule that works well for our company. Of course this year if you are on the A schedule you will make out good for the Thanksgiving and Christmas holidays. Just remember next year the other schedule will have the long week-ends off. This is a great benefit for the employees and I have not heard any unhappy noise regarding the schedule.

]]> By: Jo http://www.hrbenefitsalert.com/four-keys-to-making-flex-time-work/comment-page-1/#comment-2692 Jo Fri, 13 Feb 2009 16:12:38 +0000 http://www.hrbenefitsalert.com/?p=187#comment-2692 Martha, does your organization have paid holidays? If so, how are schedules adjusted during those weeks/pay periods? Martha, does your organization have paid holidays? If so, how are schedules adjusted during those weeks/pay periods?

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