Page 18 - The Edge - BTS 2019
P. 18

SUMMER CONFERENCE AND EXPO

                                                           BY DON HARRIS
                                                           To Pay or Not to Pay –

                                                              at Is the Question
            Laura Elizondo  Teresa Wong    Barbara Goodwin

              Complying with the Fair Labor Standards Act when     work location.    at requirement applies for any day of the
            compensating non-exempt employees can be a bit tricky, but  week, even on a weekend.
            doing so can keep your school district out of trouble with the   Wong explained that travel that keeps an employee away
            federal government.                                    from home overnight is clearly work time when it cuts across
              Experts cautioned AASBO members that requirements of  the employee’s workday.    e time includes not only hours
            the FLSA are the minimums. When determining whether to pay  worked on regular working days during normal working hours,
            an employee for attending a conference, travel, waiting time or  but also during corresponding hours on non-working days, she
            being on-call, a district’s policies and procedures can exceed  said.
            federal standards. De  ning and clarifying the minimum FLSA   Normally, time spent in travel away from home outside of
            guidelines regarding non-exempt employees were spelled out  regular working hours as a passenger on an airplane, train,
            during a breakout session at the AASBO Annual Conference and  boat, bus, or automobile is not considered compensable.
            Expo. Presenters included Laura Elizondo, Human Resources   When an employee is required to drive themselves or others,
            Director at Avondale Elementary School District, Teresa Wong,  all driving time is compensable, Wong said.
            Glendale Elementary School District, and Barbara Goodwin, a   ”An employee must be paid for any time he or she is
            retired Human Resources Assistant Superintendent.      performing work.    is includes time spent working during travel
              Goodwin opened by suggesting that AASBO members      as a passenger that would otherwise be non-compensable,” she
            attending the conference were entitled to be paid under FLSA  said.
            standards. “You all fall under the FLSA guidelines,” she said.  Goodwin explained that time spent in meetings, lectures
              Elizondo explained that an employee must be paid for all   or training  is  considered  hours  worked and  must  be  paid,
            of the time considered to be “hours worked” under the FLSA.  with four exceptions. Attending such events is not considered
            Compensable  work  is something  the  employee  is required  compensable under FLSA standards if attendance is outside
            to do.    e law uses the words “su  ered or permitted” when  regular work hours, attendance is voluntary, the course, lecture
            referring to work that is required.                    or meeting is not job related, and no other work is concurrently
              “Either you require them to do it, or you allow them to do  performed.
            it.” Elizondo said. “Aside from a typical   xed work schedule,   Goodwin emphasized that all four criteria must be met for
            this may include time spent waiting, on-call, in training, or   attendance to considered non-compensable.
            travelling.”                                             Whether waiting time must be paid under FLSA depends
              Goodwin stressed: “Focus on  the minimum, what you  on the circumstances. Goodwin explained that a secretary
            must do, but always refer to district policies or procedures  who reads a book while waiting for dictation or a   reman
            or legal counsel. Just because you consider something non-  who plays checkers while waiting for an alarm is considered
            compensable time, your district may have taken a di  erent  working. Both must remain at their work place or so close that
            avenue and decided to compensate. Your district  can  do  they don’t have time for a personal task. If they are able to
            anything over and above FLSA. Just be careful. You don’t want  leave the premises, they are not eligible to be paid, Goodwin
            to put your district in a libelous situation.”         said.
              Federal officials can require you to pay a non-exempt   If an employee is required to provide contact information
            employee a certain amount of money and assess a   ne.  so they can leave the premises, they are not required to be paid
              Regarding travel time, ordinary trips to and from work are  under FLSA.
            not compensable. But travel between job sites during a normal   Elizondo touched on some common problems. For example,
            work day is work time and thus considered compensable hours  if an employee is required to work “o   the clock,” they must be
            worked and must be paid. Special rules apply for travel away  paid.
            from an employee’s home community that requires overnight   Other problem areas involve unpaid travel between job sites,
            stays.                                                 unpaid training during work time, required waiting time, and
              When an employee must travel out of town for work but  being on-call.
            returns home the same day, all the time spent traveling during
            the day is compensable, regardless of the employee’s regular   Laura Elizondo can be reached at: lelizon@avondale.k12.az.us
            work hours. However, an employer may deduct the time the  Teresa Wong can be reached at twong@gesd40.org
            employee would have spent commuting to his or her regular  Barbara Goodwin can be reached at: bjgoodwin26@gmail.com



            18                                                                        THE EDGE  |  BACK TO SCHOOL 2019
   13   14   15   16   17   18   19   20   21   22   23