The Fair Labor Standards Act (FLSA) is a federal law enacted during the 1930s which establishes minimum wage, child labor provisions, overtime provisions, and record keeping. The Act requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at one and a half the regular rate for all hours worked over 40 hours in a workweek. The law also governs whether employees are exempted from provisions that require employers to pay overtime or protected by provisions of the law and are therefore eligible for overtime.
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The Department of Labor has a reference site which can be found at http://www.dol.gov/whd/flsa/index.htm
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The FLSA does not require lunch or coffee breaks. However, the University allows short breaks (usually lasting up to 15 minutes) if work permits; the break is considered time worked and must be paid.
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If an employee is relieved of all duties for more than 20 minutes, it is a lunch break and, therefore, unpaid. An employer is not required to provide lunch or break time. At UM, an employee is expected to comply with their regular schedule, which may include taking half- to one-hour lunch. Any changes to the regular schedule, which includes shortening or not taking lunch must be approved by the supervisor. If a salaried employee does not take lunch, they will receive the same pay.
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No. Meal periods of 30 minutes or more are not hours worked and are not paid.
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There is no time limit on the amount of hours an employee can work in a day. However, non-exempt (hourly-paid) employees should get authorization from their supervisor before working through a meal break as this may create overtime and overtime can only be worked with prior approval from the supervisor.
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Contact your immediate supervisor or your departmental Human Resources representative.
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A bathroom stall or stall area does not fulfill the private space requirement, and may not be lawfully suggested or utilized for expressing milk.
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For one year after the birth of the baby.
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The University does not have a policy that allows parents to bring children to work.
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Yes, work with your supervisor/manager to identify such a place.
For additional information, please see the U.S. Department of Labor Fact Sheet [Back to Top] |
The University is required to provide nursing mothers a reasonable amount of break time to express milk and as frequently as needed. Non-exempt, hourly paid employees, are provided two 15 minute break periods (refer to Policy B015) during each normal work day. These break periods may be used to express milk. However, if additional time is needed it will be granted as unpaid for non-exempt employees and should be reflected in the KRONOS time record. Exempt, administrative/professional employees, are expected to manage necessary breaks to express milk during the course of their day. In all cases, employees are expected to fulfill all work responsibilities within the scheduled work day.
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Federal law does not require lunch or coffee breaks. However, the University supports lunch breaks for all employees.
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The FLSA does not require payment for time not worked, such as vacations, holidays, and sick leave. These are benefits awarded by the University.
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Regular (non-temporary or casual worker) employees working 50% or more time do get paid for University holidays. Actual dates and holidays may vary depending on your Calendar ID, which may be determined by the campus you work at. Click here to view the University's holiday calendar.
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When employees work on a scheduled holiday, they get paid for the day at their regular pay rate and for the hours worked at time and a half.
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In order to determine whether a position is exempt or non-exempt, each position's duties are analyzed and put through a salary level test and job duties test as required by the FLSA.
The Fair Labor Standards Act (FLSA) provides an exemption (therefore employees are said to be exempt) from the Act's overtime requirements for any employee working in a bona fide executive, administrative, or professional capacity, and for some computer related positions. To qualify for the above mentioned exemptions, an employee must be compensated on a salary basis at a rate of not less than $455 per week ($23,660 annually).
Any employee compensated for less than $455 per week ($23,660 annually) is classified as non-exempt.
Employees who perform work involving repetitive operations with their hands, requiring physical skill and knowledge usually acquired through apprenticeship and on the job training, not through a prolonged course of specialized intellectual instruction, are non-exempt. Also non-exempt are non-management employees in production, maintenance, and construction. In addition, police officers, technicians, technologists, clerks, and most secretarial positions are non-exempt.
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Simply put, employees holding non-exempt positions are those that must be paid in accordance with the overtime provisions of the FLSA. Employees in these non-exempt jobs are required to record their time and be paid one and a half times their regular rate of pay as overtime for any hours worked over 40 hours in a workweek. Compensatory time may be earned by non-exempt employees in lieu of overtime pay at the rate of one and a half times the number of hours worked in excess of 40 hours in a workweek. Non-exempt employees must use accrued compensatory time within thirty days of its accrual, provided that to do so would not unduly disrupt the operations of the University.
Exempt positions, on the other hand, are excluded (exempted) from coverage and do not need to be paid overtime. Employees in exempt positions are paid the same amount each workweek regardless of the hours they work.
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All positions in the University are analyzed in accordance with the FLSA. Each position's duties and responsibilities are put through a salary level, salary basis, and job duties test under the FLSA. A position must meet all of the requirements under these tests in order for it to be considered exempt from the provisions of the FLSA.
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Not in any way. We want to ensure that you are getting paid for what you are entitled to when working overtime.
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On August 23, 2004, the Department of Labor published final regulation that changed the definition of the exemptions. The University concluded a comprehensive audit with changes effective July 1, 2005. As a result, some of our jobs in various classifications no longer fit the criteria to be exempt.
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Human Resources compensation staff across campuses worked to apply the criteria described in the FLSA regulations to the University of Miami’s jobs based on the types of job duties required of each position. In many cases, additional information was obtained from departments to make the determination.
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The total annual base pay will not be affected. Employees changing to exempt status will no longer be paid overtime. Some position grades may be changed.
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Vacation and sick accruals will not be affected. Click here to view the “FLSA Move Leave Time Accruals.”
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Yes. There is a cost to the department; overtime must be approved by the supervisor before it is worked.
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Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the overtime was worked. All overtime must be authorized by the immediate supervisor prior to working.
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Non-exempt employees are paid the regular hourly base rate of pay for all hours worked up to 40 in a workweek. One and a half the regular base rate of pay is paid for hours worked in excess of 40 in a workweek. Vacation days, sick days, holidays, and days served as a juror are not considered time worked when calculating overtime compensation.
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In calculating overtime, only hours actually worked in a given week will be counted to determine if overtime pay is required. For example, if an employee works on Monday, Tuesday, Thursday, and Friday; Wednesday is a sick or vacation day; and works on Saturday, the total actual work hours is only forty, not forty-eight (assuming the employee is scheduled to work 40 hours a week), and thus the employee is not eligible for overtime.
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All hours worked by non-exempt employees must be recorded using the Kronos time-keeping system (via telephone or time clock).
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Hours worked are all times which the University requires or permits the employee to be on duty, at a prescribed location, or on employer's premises.
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Upon promotion, employees may receive a 5% increase over their current salary. A department may request a promotional increase in excess of the required guaranteed 5% provided that the employee significantly exceeds the minimum requirements of the position to which he/she is being promoted.
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A downward move is usually accompanied by a reduction in pay commensurate with the new position's level of responsibility.
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A lateral move is used when an employee transfers or is reclassified to a position that has the same classification or pay grade as their current position. Normally, these moves do not qualify for a salary increase.
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An employee may be granted a salary increase for additional duties provided that the increased duties reflect a significant increase in the level and nature of the work being performed.
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Acquiring a degree does not necessarily mean that a promotion will take effect.
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“On call” means that the supervisor instructs an employee in writing to be available for work outside the regular work schedule, be at a fixed location, and be ready to be back at the work station when needed to perform emergency or other necessary work assignments.
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In order to get paid for jury duty time, temporary employees must bring a copy of the summons, the form of attendance to the jury duty service, and the dismissed note when they return to work.
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Non-Exempt (Hourly-Paid) Employees:
Casual workers and temporary employees will not be paid if they did not work, and if they worked they will be paid their regular hourly rate unless they worked over 40 hours for the week in which case it will be paid at the overtime rate. For more information, please refer to the appropriate Emergency/Disaster Pay Policy. [Back to Top] |
Job descriptions should be revised whenever the duties of the position change. This is important since the exempt or non-exempt status of any particular employee must be determined on the basis of whether the employee's salary and duties meet the requirements of the regulations.
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There is no formal dress code policy. Below are guidelines.
Work attire should complement an environment that reflects an efficient, orderly, and professional organization. Appropriate attire consists of the following:
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The appropriate Central Office should complete these requests. Individual departments are not authorized to complete verifications of employment.
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Only employees that work in public safety (such as police officers) are eligible to compensatory time in lieu of overtime for time worked over 40 hours in a work week. For more information, please refer to the Overtime, Compensatory Time & Call Back Pay Policy (D020).
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Human Resources has posted the Employee Handbook on the Internet, which has short explanations on many policies; that would be a good place to start. If you feel you need a more in-depth explanation, you can refer to the University's online Policies and Procedures Manual, or call to speak to a Human Resources representative (305-284-3799 for Gables and Rosenstiel Campus employees or 305-243-6393 for Medical Campus employees).
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Long Service Awards are given after 10 years of full-time regular employment to Administrative/Professional and Staff employees, and thereafter at five year intervals. Selection brochures are distributed in February to those employees where the anniversary of their original date of hire (minus any time away from the University) falls within that calendar year. The awards are given to the Division Vice Presidents at the end of the fiscal year. Some Division Vice Presidents send the awards on to the next level for distribution (the Provost sends them to the Deans of the various schools). The Business and Finance Division presents their awards at the B&F luncheon in September. The Medical Campus usually has their presentation in October or November. Some of the School and Divisions have their presentations at their Holiday parties; others create a special occasion for the presentations.
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A UM email mailbox will be deactivated upon an employee's separation or from lack of use exceeding 180 days.
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Click here to view academic calendars with important dates, including first day of classes, breaks/recesses, last day to drop/add courses, etc.
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Holiday schedules may vary depending on your Calendar ID, which may be determined by the campus you work on. Click here to view the holiday calendars.
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As a general rule, alcoholic beverages cannot be served at UM-sponsored functions. Exceptions must be approved in advance and in writing by the Vice President for Business Services.
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The required form is the BERF (Business Expense Reimbursement Form), which needs to be submitted along with the phone bill. For more information, contact Accounts Payable at (305) 284-2287.
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An employee experiencing conflicts with a supervisor may contact Equality Administration or Human Resources.
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An alternative work schedule is a benefit provided to all University employees. It gives employees the option to schedule work hours and/or reduce working hours during the week to fit their lifestyles. An alternative work schedule request is initiated by the employee and approved by the employee's supervisor and/or department head. Click here for more information.
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Benefits such as vacation and sick time, health and dental insurance, tuition remission, and others are generally provided to full-time or part-time regular employees as appropriate. Temporary pool employees are not eligible for these benefits. Temporary pool employees enjoy the convenience of being part of a database of employees that is easily reassigned to another temporary assignment based upon the employees' qualifications and skills.
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Bereavement may be granted to eligible employees for a maximum of three consecutive working days following the death of a member of the immediate family. An immediate family member includes spouse, child, parent, step-parent, parent-in-law, brother, sister, brother-in-law, sister-in-law, daughter-in-law, son-in-law, grandchild, grandparent, grandparent of spouse, legal guardian, foster child, or domestic partner. Administrative Leave time is used for bereavement.
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This is a list of who to contact if your department name is not valid:
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The verification must be requested by the hiring department via the University of Miami Academic Credentials Evaluators. Once confirmation of degree is completed, the department must forward the verification via email to Maria L. Vicente in Human Resources.
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The recruiter in the Employment Office.
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The Records Office verifies the degree via the National Student Clearinghouse. If the educational institution does not participate in the National Student Clearinghouse, the verification is requested from First Advantage. If the degree was obtained from an international university, an evaluation from a United States accredited evaluator must be presented to Human Resources, or the Department must contact Nancy Ortiz at (305) 284-5871.
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Employees' paycheck stubs will be available in myUM for 14 months after their separation of employment. Ex-employees will be able to view the last 18 months of paychecks.
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Employees need to visit myUM to see their online paychecks. Click here for instructions.
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To review their employee file, employees need to make an appointment with the Human Resources Director, Lisi Carreno at acarreno@miami.edu or (305) 284-6709. Human Resources will not provide employees with copies of any employment related documents found in their employee files.
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Reemployment after more than 30 calendar days will be treated the same as other new hires in that classification with respect to waiting periods for benefits, sick and/or vacation accruals etc, except for rehires previously employed for at least 5 years (refer to the following policies: Vacation Time D080; Sick Time D060; Tuition Remission D070) and the period of separation, is less than the previous years of consecutive, regular employment. The policy to reinstate prior accrual rates apply only to those rehired after July 2003.
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The accrual comp date entitlement date will be when the FR (100%FTE) employment began.
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