FLSA Frequently Asked Questions
FAQs for All Employees
Are vacation accruals affected?
Your annual sick and vacation accruals will remain the same over a full year, though the accrual schedule will change to correspond to your new pay schedule. (See schedule)
Will changing my pay schedule change how I receive my pay (e.g. direct deposit or physical check)?
There will be no change in how you receive your pay. You should review your direct deposit and any other automatic transfers or bill payments to ensure they meet your needs under your new pay schedule. If you previously set up direct deposit, your pay will be automatically deposited into your bank account. See our checklist for more information.
Will my pay dates change?
Yes. You will shift from monthly pay to biweekly pay, or vice versa.
Is there a calendar for pay schedules?
Yes. See the pay calendar.
Am I being demoted?
No. Your job duties and pay remain the same. The frequency of your pay will change and you will retain all service credit and vacation/leave accruals, which continue to accrue at the same rate annually.
Is a non-exempt job still considered a professional position?
The designation of exempt or non-exempt is simply a legal designation and does not impact the type or importance of an employee’s work.
What is my overtime exemption status if I have multiple positions?
When an employee holds multiple positions, all positions must have the same overtime eligibility status. The local human resources professional can provide specific information about overtime eligibility for employees with multiple positions.
What overtime eligibility will part-time employees have?
The Department of Labor does not view part-time and full-time employment differently for overtime rules. If a part-time employee is non-exempt, they are eligible for overtime if they work more than 40 hours in a week. Contact your unit’s human resources professional if you are unsure of your job title’s FLSA status.
Is the FLSA salary threshold pro-rated for part-time employees?
No. The Department of Labor does not pro-rate the salary threshold. Any employee making less than the $43,900 that Ohio State uses will be non-exempt unless the job is eligible for statutory exclusion.
Does the FLSA salary threshold consider only base salary or also include bonuses and other additional pay?
The Department of Labor regulation allows for some bonuses and certain additional pay to be included in specific circumstances, but the university has decided at this time to not include bonuses or additional pay in determining overtime eligibility.
Can compensatory time be used instead of cash?
The guidelines allow Ohio State to compensate non-exempt employees for time worked in excess of 40 hours per week with comp time instead of pay. At this time, Ohio State will continue to follow its policy 6.10 relating to compensatory time.
How does FLSA affect undergraduate student employees?
Undergraduate students who are employed by Ohio State are typically in the Student Assistant job (or similar title) and are already eligible for overtime if they work more than 40 hours in a week. Therefore the revised regulation will have no impact on this group. For details about student employment, see Student Employment Policy 10.10.
How does FLSA affect graduate students?
To comply with Graduate School guidelines, GAs will shift to the Summer Associate title during any semester when not enrolled in classes and become eligible for overtime. This shift to Summer Associate is not a new process; however, overtime eligibility as a Summer Associate is a change.
How is FLSA status determined for job codes that have employees above and below the salary threshold?
The FLSA status of exempt from overtime or non-exempt is determined at Ohio State at the job profile level (job code). When a job profile is designated as non-exempt, all employees in positions mapped to this profile will become non-exempt and eligible for overtime if they work more than 40 hours in a week, regardless of whether their pay is above or below the salary threshold. Decisions for a specific job profile are consistently applied to all areas of the organization employing individuals in that job profile.
When do we need to determine our unit’s overtime guidelines and practices?
Units should keep current any practices regarding timekeeping, approving overtime, working outside of normal working hours, etc. Unit practices should be clearly communicated to managers and affected employees prior to the implementation of the new FLSA regulations. Employees should be oriented to unit practices upon hire and current employees should periodically be reminded of the work rules.
What happens if the FLSA status changes after a position was posted?
If the FLSA status changes after a position was posted, units can extend an offer with the known future status included in the offer letter.
Will the day-to-day job responsibilities and expectations of my job change if I transition to a new pay schedule?
No, it is the intention that the actual job responsibilities an employee performs will not change as a direct result of the updated regulations.
Will my supervisor expect me to get the same amount of work done in 40 hours that used to take me over 40 hours?
There are a variety of options that managers can consider to improve processes and increase efficiencies to minimize overtime costs. Managers are encouraged to reach out to the human resources professional assigned to the unit for assistance.
If I cannot complete the same amount of work in 40 hours, will my performance appraisal suffer?
Performance evaluations should compare individual performance to a reasonable standard for the type of work performed.
FAQs for Non-Exempt Employees
What timekeeping system do I use and how do I use it?
Check with your unit’s human resources professional for information on your unit’s timekeeping system. Refer to the Workday Time Tracking Overview.
When is the timesheet deadline?
Hourly staff and students are required to submit timesheets by Mondays at 10 a.m. Timesheets submitted after this deadline may result in delayed payment for time worked. Check with your local unit to determine when to submit if a holiday falls on a Monday.
Who approves my timesheet?
Managers are responsible for reviewing and approving an employee’s time and absence. Employees will still be paid for time they submit, however, managers must review that time for accuracy and make corrections as needed. Managers are also required to certify, at the end of each month, that all time has been reviewed and is accurate for their biweekly employees.
What happens if a supervisor forgets to approve an employee’s time?
Employees will still be paid for time they submit, however, managers must review that time for accuracy and make corrections as needed. Contact your unit’s human resources professional to determine the back-up approver. Refer to the Workday Time Tracking Overview.
What happens if my timesheet is not submitted and approved by the deadline?
Non-exempt employees must record their time and submit it. Refer to the Workday Time Tracking Overview.
How do I track work outside normal business hours, such as email, lunch meetings and after-hours phone calls?
Non-exempt staff are paid for all hours worked. Each department will communicate rules and expectations, including meal breaks and work outside normal business hours. Supervisors are responsible for monitoring time. Contact your unit’s human resources professional for more information.
How does travel time count as “hours worked”?
Under certain circumstances, time spent traveling is counted as hours worked. Time spent traveling is generally considered work time if it occurs during the course of the regular workday. Overnight travel is reviewed on a case by case basis to determine what time is compensable.
Do paid break periods count as “hours worked” as part of calculating overtime?
Yes, federal law states that breaks of less than 20 minutes are compensable and included in the total hours worked.
Do lunch breaks count as “hours worked”?
No, unless the lunch is a working lunch, the time spent eating lunch will not count towards the total hours worked that week.
My manager is unavailable to pre-approve my overtime. What should I do if I need to stay late to finish a project?
If your supervisor is not available, check with your unit’s human resource professional for direction. Each department should have established rules for working outside of normal working hours, including a process for the pre-approval of overtime.
If the biweekly payday is a holiday and offices are closed, when will paychecks be issued?
The biweekly pay dates are reflected in the pay processing calendar.
How do I address additional federal and state taxes I am having withheld from my pay when I switch to biweekly?
Federal and state taxes are withheld from every pay. Any tax amount you request to be withheld in addition to the amount withheld based on your allowances, will also be withheld from every pay. (Example: If you withhold an extra $50 per pay that will become $100 per month for months with two biweekly pay dates.) Use Workday to adjust.
How will the transition to a biweekly schedule affect my pay?
This transition will not change your base compensation rate at Ohio State, but your biweekly pay will be determined by the hours you report on your timesheets. This could increase or decrease your earnings for any pay period compared to your current paycheck.
When you initially move from monthly paychecks to biweekly ones, you will experience a temporary pay gap. For biweekly pay, there is a two-week lag between hours worked and receipt of pay. This is to allow for review and processing of hours worked. It results in a temporary pay gap that is made up with your last paycheck.
Can non-exempt employees flex their work schedule? For example, work through lunch in order to leave an hour early for a doctor’s appointment.
Yes, this is acceptable providing that the flexible schedule is approved by your manager, supports the unit’s needs and is flexed within the same work week (Sunday – Saturday).
How will overtime pay be calculated when I have multiple appointments with different hourly rates?
The Scheduling Work and Overtime Policy 6.10 Frequently Asked Questions contains examples of calculating the regular rate of pay for overtime.
When will a non-exempt employee be eligible for shift differential pay?
Shift differential pay is available when an eligible employee works a minimum of four continuous hours in the defined hours that fall within a second, third or weekend shift. Refer to the Scheduling Work and Overtime Policy 6.10 for the established work hours for differential pay. The system will automatically determine the eligibility for the shift differential based on the time tracking information entered and process the appropriate information into the payroll processing. The Scheduling Work and Overtime Policy 6.10 Frequently Asked Questions contains examples of shift differentials.
FAQs for Exempt Employees
If the monthly payday is a holiday and offices are closed, when will paychecks be issued?
The monthly pay dates are reflected in the pay processing calendar.
How do I address additional federal and state taxes I am having withheld from my pay when I switch to monthly?
Federal and state taxes are withheld from every pay. Any tax amount you request to be withheld in addition to the amount withheld based on your allowances, will also be withheld from every pay. (Example: If you withhold an extra $50 per pay that will become $100 per month.) Use Workday to adjust.
How will the transition to a monthly schedule affect my pay?
This transition will not change your base compensation rate at Ohio State, but you will receive your pay in monthly installments.