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The Administrative Policies

TAP NO. 11: Fair Labor Standards Act, Attendance & Affordable Care Act

Scope

This policy applies to all faculty and staff employees.

Purpose

The purpose of this policy is to define the University's expectations relative to attendance, time keeping and work schedules for non-faculty employees, compliance with the Fair Labor Standards Act and expectations relative to the Affordable Care Act.

I. Attendance

Non-faculty employees are expected to report to work regularly and on time.  When unable to report to work as scheduled, employees are to notify their supervisor or other designated person as soon as possible and no later than the first hour of the workday, barring extenuating circumstances.

II. Fair Labor Standards Act

Duquesne University is covered by the Fair Labor Standards Act. This Act establishes minimum wages and standard hours of work for all non-exempt employees. Non-exempt employees are those who do not qualify as executive, administrative, or professional under the terms of the Act, and those who are classified as support employees.

The Act requires that non-exempt employees be paid for all hours worked for the pay period that the hours were worked. Departments must follow University policy to record time worked.  Only a University approved time sheet or electronic solution may be used to record time.  Employees must acknowledge that their time record is truthful and accurate. Non-exempt employees are assigned to work a schedule and are expected to arrive to work on time, adhere to assigned break schedules and depart at the conclusion of their assigned workday, unless on approved leave. Supervisors must review and authorize time records to ensure proper payment is made. Discrepancies will be reviewed by Dean or senior department head. The Office of Human Resources should also be consulted to ensure compliance with the Fair Labor Standards Act.

A. Employee and Supervisor Responsibilities:

It is the responsibility of the employee and the supervisor to submit accurate and timely hours worked each pay period and in accordance with established university deadlines in order for the employee to be paid properly. Employees who do not report and submit their own hours worked accurately, timely and in accordance with departmental and University guidelines will be subject to disciplinary action up to and including termination. Employees must have prior approval from their supervisor for working overtime, working over the lunch break, and extending, changing or flexing work hours. This includes working from a different or off site location. Supervisors and time reporters who do not ensure accurate and timely submission of hours will also be subject to disciplinary action up to and including termination. Also, failure to report accurate and timely information by the employee, supervisor, or time reporter will result in a delay of time paid until the next regularly scheduled bi-weekly pay day.

B. Regular Work Schedules:

1. Exempt Employees

The standard University work schedule for full-time administrative and professional employees is 8:30 a.m. to 4:30 p.m., Monday through Friday. Deans/Directors/Department Heads may approve a regular, ongoing schedule with different start and end times for an 8-hour period (for example, 7:30 a.m. to 3:30 p.m.) so long as all applicable business and service standards are maintained.

2. Non-exempt Employees

The standard University work schedule for full-time, non-exempt support employees working a 35-hour workweek is 8:30 a.m. to 4:30 p.m., Monday through Friday, with a one-hour unpaid lunch. The lunch break may not occur at the beginning or end of the workday. Supervisors may approve occasional deviations from this schedule as noted above. In addition, Deans/Directors/Department Heads may approve a regular, ongoing schedule with different start and end times for a 7-hour workday and one-hour unpaid lunch (for example, 7:30 a.m. to 3:30 p.m.) so long as all applicable business and service standards are maintained.

Part-time, non-exempt employees scheduled to work more than six hours per day must take an unpaid lunch break of at least 30 minutes. The lunch break may not occur at the beginning or end of the workday.

3. Exceptions

Regular schedules - including summer term schedules - that deviate from the standard work schedule (other than start and end times as mentioned above) must be approved by the Dean/Director/Department Head as well as the Division Vice President. Examples include four-day workweeks and non-exempt employees regularly taking less than a one-hour lunch break. The Dean/Director/Department Head shall provide written justification of any such request to the Division Vice President, to include the business rationale for the request and a description of how all applicable business and service standards will be maintained.

C. Time Records:

The University's biweekly time records serve as the record keeping document which is used by the department to accurately report via the University pay system to the Payroll Office the hours non-exempt employees have worked to assure accurate payment processing. Falsification of official University time records is in violation of University Policy and Federal Law. Individuals who falsify any University documentation are subject to disciplinary action up to and including termination.

D. Overtime/Flextime:

The need for calculating overtime pay requires establishing a standard workweek. The University has an approved 40-hour workweek for all non-exempt staff; however, there is a 35-hour workweek in effect for most clerical, secretarial, and related office staff positions. (The standard University workweek is the 168 hour period that begins at 12:01 AM on Monday and ends at midnight on the following Sunday.)

Non-exempt employees who work in excess of 35 hours in the workweek but less than 40 hours (the standard workweek) will be compensated at straight time for all hours worked in excess of 35. Work in excess of 40 hours in the workweek is paid at the rate of time and one-half. All time worked in excess of 40 hours must be paid in the week worked at the rate of time and one-half. No other options are permitted under the Fair Labor Standards Act.

Work in excess of 35 hours must be approved in advance by the immediate supervisor. The use of flexible scheduling as needed, budgeting for overtime, and long-term planning can help a department work within allocated salary budgets while meeting fluctuating departmental staffing needs. If used properly and efficiently within the pay period, flexible scheduling may result in meeting departmental and University needs without additional overall hours worked and additional cost. In order to prevent the need to pay at time and one-half, the hours worked in either week of the biweekly period must not exceed 40 hours.

E. Holidays:

Non-represented employees, who are required to work regular or authorized holidays, will be paid for hours worked on those days. Hours which were to be paid for the holy day/holiday will be recorded as compensatory time earned on the biweekly payroll sheet. This time will be added to the individual's vacation bank. Any other use of earning and taking compensatory time is not permitted by the University and is in direct violation of the Fair Labor Standards Act.

F. Pay Cycle:

All University employees are paid on a biweekly basis. Contact the Payroll Office for schedule of pays and respective time reporting deadlines or if instruction is needed relative to the time entry and approval process.

G. Miscellaneous:

Individuals whose schedules call for less than 35 hours per week are not considered full-time.

Employing departments are required to maintain individual personnel time cards, time sheets, or proof of electronic time tracking for a period of three years. This information and documentation is subject to University audit to insure individual, department, and University compliance with this policy and procedure.

Any department head having questions with respect to the status of employees or the provisions and requirements of the Fair Labor Standards Act, should contact the Compensation Manager.

III. Break for Employees Needing to Express Breast Milk

As set forth in the provisions of the 2010 Federal Healthcare Legislation, the University shall provide a reasonable break time for an employee to express milk for her nursing child for one year after the child's birth each time the employee has a need to express the milk. The University will provide a private place for such employees. Employees should contact the Office of Human Resources if assistance is needed in identifying a private place to express milk.

Non-exempt, hourly paid employees shall be responsible for making up missed time.

IV. Affordable Care Act

Duquesne University is required to comply with the federally mandated Affordable Care Act. One provision of the Act is to offer medical insurance and prescription drug coverage to employees who work an average of 30 hours or more a week.

To identify who is eligible and who is not eligible to be offered coverage, Duquesne University is required to track and report hours worked for part-time non-exempt (hourly) employees and part-time exempt salaried employees including students who receive stipends or room and board in lieu of a salary. These hours must also be reported at the end of each pay period.

In order to manage the impact to departmental and university budgets, part-time employees may not be scheduled to work more than 25 hours per week. If there is a need to work an additional few hours in a week, then the maximum number of hours that may be worked in a pay period must be limited to 50 hours in a pay period with the average remaining at 25 hours a week. (Non-exempt employees would be eligible for over-time if they work more than 40 hours in any one week of the pay period.)

Supervisors are responsible for scheduling and managing the work of part-time employees.

Adjunct faculty members are also covered by the Act, with eligibility calculated on credit hours taught.

V. Related Information

TAP No. 3, Classification of All University Employees

University approved time sheet

VI. Violations

Violations of this policy will be reviewed on a case-by-case basis and are subject to formal disciplinary action up to and including termination of employment.

VII. History

Date of most recent revision: June 2019.

VIII. Ownership of Policy

Office of Human Resources