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FLSA Overview

Legal Authority:

The FLSA of 1938 was enacted to protect the rights of workers and encourage economic fair play between management and labor. It established the national minimum wage, created a means for compensating overtime work, and regulated the employment of minor. Throughout the years, this Act has been amended many times—1947, 1949, 1955, 1961, 1966, 1967, 1974, 1977, 1983, 1985, 1986. 1989, 1996, 2004 (rule change), 2007, 2010, and 2016 (rule change).

Depending upon your job classification and duties, you are either designated as “exempt” or “non-exempt.” In essence, an “exempt” employee is one for whom overtime rules regarding pay or compensatory time do not apply. You may access some frequently asked questions applicable to FLSA non-exempt employees – those subject to wage, hour and overtime laws, and who make up the majority of employees in Oklahoma Human Services (OKDHS) – unless otherwise noted.

Alternate Work Week Guidelines and Agreement

Please note that the Alternative Workweek (AWW) will only remain a viable option as long as productivity and availability are maintained at all times. There must always be adequate office coverage, work productivity levels, and availability to our customers during the 9-hour AWW work day schedule. The AWW is not right for every employee. Participation by staff in AWW is always at the discretion of the supervisor and the appropriate level Director (County, District, or Region). A supervisor may withdraw permission to work the alternate workweek schedule at any time. The 9-hour day alternate workweek schedule may be continued for some positions and not for others, depending on the needs of the office.

Participation is optional. However, the FLSA workweek cannot be changed more than twice a year, unless there is a business need or special circumstance that requires the change.

Any employee who works on his/her RDO (regular scheduled day off) more than once per quarter, and cannot workweek adjust the extra time worked, will be removed from the Alternate Workweek schedule. This does not pertain to an employee who is required to attend a mandatory training on the RDO.

Any workweek adjustments must have prior supervisory approval.

To be eligible for the AWW schedule:

  1. An employee must have worked for OKDHS for a minimum of 6 months and not be on probationary status.
  2. The employee may be required to maintain a minimum number of annual leave hours throughout the time they are on the AWW schedule. Some divisions require an employee to maintain anywhere from 24-40 hours, while others may not require an annual leave balance. The decision will be made by the appropriate level Director.
  3. The employee must have a current HCM-111 open.
  4. The employee cannot have any HCM-111 accountabilities or behaviors rated as “Needs Improvement” or “Does Not Meet Standards.”
  5. The employee cannot be on any type of corrective discipline.

The alternate work schedule has either a Monday or Friday as the Regular Scheduled Day Off (RDO) and the new workweek for AWW employees will begin at 12:01 p.m. on either a Monday or a Friday.

Per OKDHS: 2-1-28, workweek changes can only be made within 7 days of a pay period and require the approval of the FLSA Compliance Officer. This includes going to an AWW schedule or transitioning off of an AWW schedule. The FLSA Compliance Officer must create the transition schedule.
The RDO cannot be changed for any reason, even if employees have to work on their scheduled RDO, a holiday falls on the RDO, personal reasons, etc. However, an employee may change the RDO schedule through coordination by the FLSA Compliance Officer.
If an employee has been involuntarily removed from the AWW schedule, he/she may be considered for return to the program once the conditions that led to removal have been corrected for a period of 6 months. Approval is required by the employee’s immediate supervisor and the appropriate level Director.

Work hours:

Regular core hours for DHS are 8:00 am to 5:00 pm, Monday-Friday. The AWW schedule begins no earlier than 7:00 am and ends no later than 6:00 pm.

Work days:

Employees participating in an AWW schedule will work 40 hours per FLSA workweek; workweeks will be scheduled to ensure that FLSA non-exempt employees work no more than 40 hours in each workweek. Lunch must be designated prior to starting the AWW schedule.
The below example shows a Friday AWW schedule with every other Friday off.

  • Workweek begins at 12:01 p.m. on the first Friday and goes through noon on the following Friday.
  • Consists of two 40-hour workweeks

Leave Charges:

An employee who is absent for an entire day any day of the week he/she is scheduled to work 9 hours will be charged 9 hours leave. Work week adjustment (WWA) may be utilized, with prior supervisory approval, as long as it is within the same FLSA workweek.

Holidays:

  • If a holiday falls on an employee’s RDO, he/she will accumulate an 8-hour holiday leave balance that should be taken within the same FLSA workweek, if possible. The supervisor must pre-approve the day the holiday leave is to be taken. If it cannot be taken within the same FLSA workweek, it must be used within 90 days.
  • If a holiday falls on a 9-hour workday, the employee will take one-hour annual leave, compensatory time, or approved leave without pay if out of accrued leave. If the employee has a comp holiday balance, this too may be used for the 9th hour. With prior supervisory approval, an employee may workweek adjust the one hour. The employee’s supervisor must document on the timecard that the employee, both exempt and non-exempt, has been approved to WWA the 9th hour.

Mandatory Training/Meetings:

  • Employees working an AWW schedule must adjust time using annual leave, or compensatory time, during a mandatory training session or required meeting, to comply with the employee’s 9-hour day schedule and to be consistent with employees working a standard 8 hour, 5-day work-week. With Prior supervisory approval, an employee may workweek adjust the one hour. The employee’s supervisor must document on the timecard that the employee, both exempt and non-exempt, has been approved to WWA the 9th hour.
  • If a training/meeting falls on an employee’s RDO, the employee must workweek adjust the training time before 12:00 noon the days prior, and the time after 12:00 noon the following workweek, within the same FLSA workweek. Non-exempt employees do not use the “T” training code when attending training on their RDO.

Administrative Leave for Office Closures/Reduced Services:

If an office is closed for the day or on reduced services for the day, the employee is only allowed 8 hours of administrative leave. The employee will use accrued leave, approved leave without pay if out of accrued leave, or supervisory approved workweek adjust for the 9th hour. For essential employees who work when an office is on reduced services, the maximum amount of administrative comp time they can earn is 8 hours.

Office Coverage:

In order for the AWW schedule to work and benefit both the employee and our customers, it must be a team effort. All customers, internal and external, must be served. On their RDO, the employee must use “out of office” email response & voicemail (internal and external) giving an alternative telephone contact number. Email “out of office” response and voice mail must be kept updated. It is essential for an employee to be present for his/her scheduled coverage days. If an employee needs to be off on his/her scheduled coverage days, arrangements must be made and approved by the supervisor in advance to assure accountability.

Outside Employment:

Employees will adhere to OAC 340:2-1-8 Employee ethics and other employment.

Related Policies:

For questions or additional information, please email the FLSA compliance officers. The email address is HRM.FMLA/FLSA@okdhs.org.

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