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Wage & Hour Wage & Hour Compliance Compliance

TIMEKEEPINGTIMEKEEPING

POLICIES AND PROCEDURES POLICIES AND PROCEDURES

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Why the Training?Why the Training?

The University must comply with The University must comply with Federal and State Wage and Hour Federal and State Wage and Hour laws for Non-Exempt employeeslaws for Non-Exempt employees

Ensure consistent application of Ensure consistent application of time/record keeping practices and time/record keeping practices and payment of overtime for non-exempt payment of overtime for non-exempt employees in accordance with employees in accordance with University policies (non-union) and University policies (non-union) and applicable CBAs (union)applicable CBAs (union)

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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.

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Non-Exempt vs. ExemptNon-Exempt vs. Exempt Non-ExemptNon-Exempt

Paid on a hourly basis (no lump sum payments allowed)Paid on a hourly basis (no lump sum payments allowed) Receive checks bi-weeklyReceive checks bi-weekly Paid for overtime based on weekly hours worked (time Paid for overtime based on weekly hours worked (time

and a half for hours in excess of 35 per week under and a half for hours in excess of 35 per week under applicable CBAs and University policy)applicable CBAs and University policy)

Complete timesheetsComplete timesheets Must take and record lunch periodMust take and record lunch period Must record all Must record all hours workedhours worked

Exempt (from Overtime)Exempt (from Overtime) Paid on a salaried basisPaid on a salaried basis Not paid by hours worked/daily hours are not recordedNot paid by hours worked/daily hours are not recorded Not legally required to take lunch and breaksNot legally required to take lunch and breaks All exempt employees need to be compensated on a salaried All exempt employees need to be compensated on a salaried

basis at a rate of not less than $455 per weekbasis at a rate of not less than $455 per week

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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.

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Criteria for Exempt WorkCriteria for Exempt Work

Typically involves the exercise of discretion and judgment, Typically involves the exercise of discretion and judgment, with the authority to make independent decisions on matters with the authority to make independent decisions on matters which affect the department as a whole or a significant part which affect the department as a whole or a significant part of it, or the University generally of it, or the University generally

Have the authority to formulate and/or interpret university Have the authority to formulate and/or interpret university policies; has authority to waive or deviate from established policies; has authority to waive or deviate from established policies and procedures without prior approvalpolicies and procedures without prior approval

Have the authority to commit the University in matters which Have the authority to commit the University in matters which have significant financial impact; has authority to negotiate have significant financial impact; has authority to negotiate and bind the School/University on significant mattersand bind the School/University on significant matters

Is involved in planning long- or short-term business Is involved in planning long- or short-term business objectivesobjectives

Have the authority to hire or fire other employees, or the Have the authority to hire or fire other employees, or the employee’s suggestion and recommendations as to the employee’s suggestion and recommendations as to the hiring, firing, advancement, promotion or other change of hiring, firing, advancement, promotion or other change of status must be given particular weightstatus must be given particular weight

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Job Descriptions

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

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Hours of WorkHours of Work

Normal business hours set by Normal business hours set by departmentdepartment

Generally, University business hours are Generally, University business hours are 9 a.m. until 5 p.m. - seven hours per 9 a.m. until 5 p.m. - seven hours per day/35 hours per week (varies based on day/35 hours per week (varies based on department and area)department and area)

Supervisor & subordinates can agree on Supervisor & subordinates can agree on variations providing business needs are variations providing business needs are met (e.g., 8:30 – 4:30; 9:30 – 5:30)met (e.g., 8:30 – 4:30; 9:30 – 5:30)

Employee should arrive on time and Employee should arrive on time and adhere to their scheduleadhere to their schedule

Unpaid meal break is required if work Unpaid meal break is required if work shift is 5 hours or longer shift is 5 hours or longer

Overtime

Must be approved Must be approved in advancein advance by by supervisor or management level supervisor or management level designeedesignee

OT must be paid at time and a half for OT must be paid at time and a half for hours worked in excess of 35 hours in a hours worked in excess of 35 hours in a workweekworkweek

Comp time in lieu of OT is allowed for Comp time in lieu of OT is allowed for 2110 members. Must be used within 60 2110 members. Must be used within 60 days from the time worked or paid out at days from the time worked or paid out at the rate of time and a halfthe rate of time and a half

If unapproved overtime is worked, it If unapproved overtime is worked, it must be paid and then dealt with as a must be paid and then dealt with as a performance management issueperformance management issue

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Compensation for All Hours WorkedCompensation for All Hours Worked

Normal commute to and from work is Normal commute to and from work is not compensablenot compensable

Travel required by employer in order to Travel required by employer in order to attend meetings or other work-related attend meetings or other work-related activities is compensable activities is compensable

Working before or after-business hours, Working before or after-business hours, from home, during lunchfrom home, during lunch

Supervisors must be aware of & Supervisors must be aware of & anticipate the potential for overtime anticipate the potential for overtime costs for non-exempt employeescosts for non-exempt employees

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Time RecordsTime Records

Must document exact start and end Must document exact start and end times times

Timesheets should be completed on a Timesheets should be completed on a daily basisdaily basis and submitted to the and submitted to the supervisor on a weekly or bi-weekly supervisor on a weekly or bi-weekly (depending on pay period)(depending on pay period)

Supervisor or pre-arranged Supervisor or pre-arranged management level designee must sign management level designee must sign timesheet every pay periodtimesheet every pay period

Must reflect Must reflect ALLALL hours worked. hours worked. Supervisor is responsible for managing Supervisor is responsible for managing and approving all hours worked.and approving all hours worked.

Time Sheet InstructionsTime Sheet Instructions

Estimating/rounding timeEstimating/rounding time Do not round the time to Do not round the time to

make it easier to add, i.e. make it easier to add, i.e. 8:07 to 8:158:07 to 8:15

Record the exact start and Record the exact start and end work timesend work times

Running department errands Running department errands Not done during lunch hourNot done during lunch hour Lunch begins/ends when Lunch begins/ends when

errand is done/startederrand is done/started

Meal BreakMeal Break Is generally 1 hour Is generally 1 hour

(minimum of 30 minutes)(minimum of 30 minutes) Record Record exactexact lunch times lunch times

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Time Sheet InstructionsTime Sheet Instructions Extended lunch periodExtended lunch period

Must be approved by supervisor in advanceMust be approved by supervisor in advance Record exact times on the timesheetRecord exact times on the timesheet

Time off with payTime off with pay Record exact timesRecord exact times Use designated absence codes, I.e., “V”, “H”, etc.Use designated absence codes, I.e., “V”, “H”, etc.

Leaving Early / Arriving LateLeaving Early / Arriving Late Get prior supervisor approvalGet prior supervisor approval Dr. appointment Dr. appointment

Where appropriate use paid time off (consult HR or CBA if Where appropriate use paid time off (consult HR or CBA if applicable)applicable)

Record exact timesRecord exact times Personal appointmentPersonal appointment

Record exact timesRecord exact times Make up time with approvalMake up time with approval

New Casual Timesheet

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Facts & Tips for SupervisorsFacts & Tips for Supervisors

It is the responsibility of the Supervisor to It is the responsibility of the Supervisor to ensure that time sheets accurately reflect ensure that time sheets accurately reflect the time workedthe time worked

The Supervisor’s signature on the The Supervisor’s signature on the timesheet signifies that s/he has timesheet signifies that s/he has reviewed reviewed and approved and approved the time entered on the the time entered on the timesheettimesheet

If there is a problem with the timesheet, the If there is a problem with the timesheet, the Supervisor should talk to the employee and Supervisor should talk to the employee and resolve the problem before signing the resolve the problem before signing the timesheettimesheet

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Questions?Questions?

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Other University Initiatives

Doing The Right Thing

Ethnicity and Race Self Identification