Frequently Asked Questions
Question: Must an employing office count as hours worked the time spent on a meal break?
Answer: No, if the meal break is a bona fide meal period (ordinarily 30 minutes or longer) and the employing office does not require or permit an employee to engage in any work activity during the meal break. On the other hand, if the employing office requires or permits the employee to engage in any work through the meal period, that time is counted as hours worked. For example, it is considered compensable work for an employee to answer the phone while eating at his or her desk during the break.
Question: Are employing offices required to implement a specific type of annual leave policy?
Answer: No. Employing offices may set any annual leave policy they wish, as long as it is not administered in a discriminatory fashion.
Question: May an employing office pay a nonexempt employee on a monthly salary basis rather than an hourly basis?
Answer: Yes. A nonexempt employee may be paid on a monthly salary basis. To determine whether an employee is being compensated in accordance with the FLSA, an employing office must calculate the salary in terms of a regular hourly wage rate. For purposes of determining overtime compensation, an employing office must utilize a 40-hour workweek unless the employee is compensated for a fluctuating workweek.
Question: After an employee works overtime, when must the overtime be paid out?
Answer: Overtime compensation does not have to be paid weekly. The general requirement is that overtime pay earned in a particular workweek must be paid on the regular payday for the period in which the workweek ends. If the correct amount of overtime pay cannot be determined until some time after the regular pay period, the employing office must pay the overtime compensation as soon as practicable. Payment may not be delayed for a period longer than is necessary for the employing office to compute and arrange for payment, and in no event may payment be delayed before the next payday after such computation can be made.
Question: If an employee attends a training session or seminar, does the time spent at the training session or seminar count as hours worked?
Answer: Generally, all time spent performing an employee's principal and essential ancillary duties must be counted as work time. If the training is at the employing office's request and is primarily for the benefit of the employing office, then the time spent at the training will be considered work time. If the training is conducted outside of regular work hours, is completely voluntary, does not result in productive work for the employing office, and is not intended to make the employee more proficient in his or her present job, attendance at the training would not be considered work time.
Question: If two individuals, one man and one woman, hold the same position, have the same level of experience, the same education, and perform the same work, may the employing office pay them at different rates?
Answer: No. Employing offices are required to pay equal rates for equal work and employing offices may not discriminate on the basis of sex. It should be noted that these protections also extend to employees who are bona fide executive, administrative, or professional employees who are exempt from the minimum wage and overtime requirements of the FLSA.
