Managing Non-Exempt Employee Work Hours

All non-exempt employees are placed on the B2 Payroll. The B2 payroll is paid every other Friday resulting in 26 pay periods per calendar year. The B2 payroll calendar indicates the deadlines to submit time sheets to payroll and the payday dates.

Frequently asked questions:

1.  My non-exempt employees are on the B2 payroll, how often do they fill out a time sheet?

The B2 timesheet should be completed daily indicating and an accurate account of hours worked.

2.  As the supervisor, how often do I need to review the B2 timesheet?

It should be reviewed at least weekly, daily if you prefer. Reviewing the timesheet routinely allows the supervisor to make adjustments to the work week, flex the work schedule to avoid overtime, or to determine if OT will be necessary based on work load and needs of the department.

3.  Does OT need to be pre-approved by the supervisor?

Yes, per Rice policy #410-96.

4.  If I do not pre-approve OT hours, do I still have to pay it?

Yes, if the employee worked the additional hours, even though not approved, the OT hours must still be paid. However, this can be addressed via coaching and counseling if needed.

5.  If I leave non-exempt employees on the semi-monthly payroll, what records do I need to keep?

You will still need to keep accurate records of hours worked. This does not need to be turned in to payroll like the B2 payroll timesheets, but does need to be kept in the department in the event there is any discrepancies in work hours.  Departments can determine the best method for keeping accurate time records on semi-monthly employees. Make it easy on yourself and the employees, but make sure it provides a separate and accurate count of each employee’s hours worked on a daily basis. You can use the annual time and attendance report if you desire, as long as you record the hours worked, not just a check mark on the days worked.

6.  Can I flex someone’s schedule to avoid accruing OT?

Yes. This is at the supervisor discretion. Keeping accurate records for both B2 and SM payrolls will aid in the event there is a discrepancy in the amount of hours worked and we need to review the flexible work schedule. It will provide an accurate account of times you flexed the schedule and made changes so that OT did not occur.

7.  What do I do with the annual time and attendance record?

This still needs to be completed for Benefits Eligible employees (exempt and non-exempt)and submitted to HR at the end of the year or January of the following year. This is a separate matter from keeping time records, which do not record benefit time balances, accrual rates and usage.

8.  Are post-docs included in this record keeping?

Post-docs are exempt and therefore OT matters are not an issue. They do need to turn in Annual Time and attendance reports, however, those are kept within the departments and not sent to HR.

9.  How long do I need to keep the time records of hours worked?

The department should maintain the records for 3 years. Even if the person is no longer employed at Rice, please keep the time records for 3 years. If an overtime charge is filed, the Department of Labor can go back 3 years to determine any overtime due.

10.  All this confuses me. Is there someone who can review our process and assess our risk of an FLSA violation?

Yes, HR will be glad to assist you in reviewing your practice and procedures regarding non-exempt work hours. Please call Employee Relations and ask Colleen Dutton, Director Compensation and Employee Relations  (x4755), or Rebecca Millet, Compensation & Employee Relations Assistant (x4791) for assistance.

11.  Can an employee “volunteer” to work extra hours?

NO. Under FLSA, non-exempt employees who perform any type of work in which the employer benefits, must be compensated for that work. 

12.  I have non-exempt employees who serve on volunteer committees that benefit the Rice Community. I allow time during the workday to participate, but sometimes that means the employee stays over to finish their work duties. Does this mean I have to pay OT?

Generally no. However, if the work on the volunteer committee is more of an “assignment”, not truly a volunteer effort by the employee, then it may result in OT. If this is an issue for your department, it should be reviewed with HR on a case-by-case basis. The details of managing the workload while participating on the volunteer committee should be worked out between the employee and supervisor.

13.  What if the employee refuses to write down their hours worked or clock in (for those who use a time clock)?

Employees should be advised of the expectation they record of proper time records. The FLSA holds the employer/supervisor responsible for maintaining time records. If the employee does not comply with the practice of time keeping, then the supervisor should note the hours worked and discuss the matter with the employee. If the employee fails to cooperate, the matter can be addressed via coaching and counseling. It is best to put your expectations in writing and make it part of your departmental orientation.