Who is affected
Employees in positions classified as non-exempt are not exempt from the provisions of the Fair Labor Standards Act (FLSA). An employee who is in a non-exempt position must have his or her hours counted so that he or she can be paid overtime pay if he or she works more than 40 hours per week. Supervisors and managers must not condone work by employees in non-exempt positions on a non-paid basis or allow compensatory time off in lieu of payment of overtime. All non-exempt overtime must be paid consistent with the FLSA. Supervisors and managers should authorize in advance any overtime worked by employees in non-exempt positions. Paid time off (vacation, sick time, holidays, funeral leave, jury duty, etc.) is not considered time worked when determining eligibility for overtime compensation.
For employees in non-exempt positions, employers must have a timekeeping plan that is complete and accurate. At Washington University timesheets are used to track hours worked by employees in non-exempt positions. The employee’s name, employee id number, and a record of all hours worked must be recorded on the timesheet. Hours “in” and “out” must be recorded each time the employee starts or stops working. This includes time taken for lunch hours. The timesheet must also include the date, hours worked each day, total hours worked each week, total hours at the regular earnings rate, and total hours at the overtime earnings rate. The employee and supervisor must sign and date the time sheet. Supervisors must make every reasonable effort to make sure the timesheet is accurate. Timesheets must be kept on file for two years.