FLSA questions

  1. If I am eligible for overtime and I work overtime without my supervisor’s approval, does ASU still owe me time-and-a-half? Yes. However, if an employee works overtime without prior approval, supervisors should counsel the employee about noncompliance with our overtime policy, SPP 404-04.
    The policy states, “Overtime work shall be authorized only when absolutely necessary.” It should also be noted under this policy that employees are primarily given comp time vs. overtime pay.

  2. For an academic employee, does being paid hourly mean being paid on a different payroll frequency? No. Nonexempt — eligible for overtime pay or comp time and paid hourly — academic employees will remain on their existing payroll frequency, but hours must be reported weekly. A nonexempt employee must fill out a timesheet weekly. Nonexempt ASU employees should use the Time and Leave Reporting section of their My ASU account.

  3. Can a nonexempt employee still work early and late? The central change for moving from exempt to nonexempt is to report hours worked. Nonexempt employees can still arrange alternative work schedules with their supervisors, but time worked must be recorded. See our work schedule policy, SPP 306 for details. Alternative work schedules must be pre-approved and arranged with the individual and where the employee works — school, college or division. Any hours worked over 40 should be pre-approved by the supervisor. 

  4. Can a nonexempt employee check messages from home after work hours? Checking and responding to messages from home or remotely after work hours is considered time worked. 

  5. Can nonexempt employees still attend professional conferences? Yes. Nonexempt employees must account for the travel time and the hours of conference attendance. There is no prohibition against traveling or professional development. Visit our nonexempt employee travel web page for details.

  6. If an employee holds more than one job, how is the exemption status — exempt or nonexempt — determined?  ASU has elected to assess FLSA exemption status based on each job. Therefore, if a second job is below the salary threshold of $684 per week or does not qualify under Professional Exemption — i.e., teaching positions —  the second job would be converted to nonexempt.

  7. Can employees in the same job title classification be exempt and nonexempt?  Yes. The new regulations explicitly prohibit ASU from using a job title to determine exemption status. First, the salary test must meet $684 per week, and then the job duties test must be met.  Therefore, a person must make the minimum required salary and then also be able to answer yes to the duties test.