Recordkeeping for Nonexempt Staff
The Fair Labor Standards Act (FLSA) is a federal law that protects workers by setting standards for minimum wage, overtime pay, recordkeeping, and youth workers. (Some states/localities have stricter standards.) Each of your employees is classified as either exempt or nonexempt under this law, based on their wages and responsibilities. Nonexempt staff require more robust recordkeeping, and they receive overtime pay when they work over 40 hours in a week.
For every nonexempt employee, you must keep records of total hours worked each workday and each workweek.
This requirement holds no matter if the staff member is full-time or part-time, and whether they have fixed hours or a variable schedule. Even if they are a salaried employee, rather than paid hourly (which is legal but often considered ill-advised for nonexempt staff), you have to maintain records of their actual daily and weekly hours.
More than one UU congregation has found themselves on the losing side of a back pay lawsuit when they didn't have these records.
Start with the assumption that
of your employees are nonexempt (in other words, covered by FLSA provisions), and then determine who meets the criteria for an exemption. Are you aware of the requirements for the white-collar (executive, administrative, and professional) exemptions? Do you know about the "ministerial exception," which may apply to staff other than just ministers
and does not have a salary threshold?
Fair Labor Standards Act resources
can help you understand exemptions and recordkeeping requirements, including an
FLSA Compliance Guide
that walks you through an assessment process. Please ignore references to the 2016 salary level threshold change.* Contact Jan Gartner,
, with your questions.
*You may recall that a planned increase in the salary threshold for white-collar exemptions was halted by a court injunction in late 2016. The salary level remains $455/week. We are following this issue and will keep you posted.