Answers to Questions About Fair Labor Standards

The Fair Labor Standards Act (FLSA) establishes a minimum wage and a forty-hour overtime standard for covered employees.The FLSA exempts employees who qualify under definitions of executive, administrative, professional or computer employees. These definitions are complex, but the compensation department has reviewed all MCCCD job descriptions and has determined which jobs are exempt. Exempt employees receive a predetermined amount of pay per work period, regardless of quality or quantity of work. Confusion often arises in determining when a public employer may deduct amounts from employees’ wages.

Here are answers to questions frequently asked about the FSLA.

When an FLSA exempt employee is absent for less than a day for personal reasons or because of illness must the employee use personal or sick leave? And, if leave balances are exhausted, can MCCCD deduct that time from the employee’s pay without jeopardizing exempt status?

Yes to both questions. Often, supervisors don’t realize they should require an exempt employee to use accrued leave time or deduct pay for absences during the workday. Under federal regulation, if an employer’s pay system is established by statute, ordinance, regulation or a policy established under principles of public accountability (a public employer) and requires an employee to use leave when absent or, when leave is exhausted or not used, have pay reduced or be placed on leave without pay, the employer may deduct pay for absences during the workday. Although this sounds confusing, the Department of Labor has interpreted this regulation to allow a public employer to deduct pay from an exempt employee for absences of less that a day when the employee has exhausted accrued leave. Deductions should apply to all employees rather than on a case-by-case basis.

Is MCCCD required to pay employees who attend training?

Yes, under the FLSA an employer must pay for training time unless:

• The employee attends training outside regular work hours;
• Attendance is voluntary;
• The training is not directly related to the employee’s job; and
• The employee will perform no productive work during the training.

Is MCCCD required to pay employees during travel time?

Although the FLSA does not require an employer to compensate employees when they travel to and from work, work-related travel is compensable:

• During regular business hours when an employee travels but does not spend the night away from his work base;
• During regular business hours on what would normally be a day off;
• During regular business hours when travel requires an overnight stay away from an employee’s work base;
• During time spent driving (rather than as a passenger) if an employee is required to drive to a location away from his work base.

Does the FLSA allow a public employee to perform volunteer work?

Yes, but only if the volunteer is not employed to perform identical or similar services for the same public agency. Similar duties are those closely related to the actual duties performed by or responsibilities assigned to an employee. Volunteer services must be performed for civic, charitable or humanitarian reasons without promise, expectation or receipt of compensation. Quasi-autonomous departments or divisions within a public agency such as MCCCD may not be considered the same agency for purposes of determining volunteer status, but this determination should be made on a case-by-case basis with the assistance of the compensation or legal department.

Published in the Spring 2006 Edition of In Brief