The US Department of Labor (DOL) recently issued Administrator signed Opinion Letter FLSA2009-16. Although Opinion Letters only apply to the exact set of facts and circumstances presented in each case, they are a valuable aid in understanding current interpretations of the Fair Labor Standards Act (FLSA).
In this Opinion Letter, the DOL said that a time-keeping system was in compliance with the FLSA. The DOL explained the system as follows:
[E]mployees work nine hours per day Monday through Thursday and work eight hours on one of the two Fridays during the two-week period. The company is proposing changes to the corporate policy and to the time-keeping system to ensure compliance with the FLSA. The new policy will require employees to choose their desired workweek schedule from a list of employer-established, standard workweek schedules. The employees may choose a schedule that begins at 11:31 a.m. Friday and ends at 11:30 a.m. the following Friday, with the scheduled workday starting at 7:30 a.m. Alternately, the employee may choose a schedule that starts at 12:31 p.m. Friday and ends at 12:30 p.m. the following Friday. The workday starts at 8:30 a.m. Once approved, the selected workweek will appear on the employee’s time card. Time cards will have two separate columns for reporting time on Friday – one column for hours worked during the first workweek and another column for hours worked during the second workweek. Employees will continue to be paid time and one half for all hours worked over forty in any workweek.
Since the “workweeks are fixed, consist of 168-hour periods, and employees will be paid for any hours they work over forty in that specified period” the proposed system is in compliance with the FLSA.
State laws may provide rules that are more beneficial to the employee and must be followed. Contact Vision Payroll if you have questions about this Opinion Letter.