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Offering Flex-time
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Offering Flex-time
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Hello,
I am working with a client that is looking for options for offering a flexible work schedule to their employees in medical clinics that will align with the week to week fluctuation of required
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Offering Flex-time
posted at 5/12/2009 7:15 AM EDT
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Posts: 1
First: 5/12/2009 Last: 5/12/2009 |
Hello,
I am working with a client that is looking for options for offering a flexible work schedule to their employees in medical clinics that will align with the week to week fluctuation of required staff. Currently the staff is paid 40 hours each week plus overtime. In an effort to compensate with flextime for the slow weeks, they are interested in having employees "bank" their time if they'd like but not require it. So, if during a slow week, an employee could work 32 hours and get paid for 40 and the following week work 48 and get paid for 40. What would their classification need to be? I believe they are currently salaried, non exempt. Is this even possible legally or is it at the employers discretion? Thanks |
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Offering Flex-time
posted at 5/12/2009 9:03 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
Unless you are working in a governmental entity, the content of the work the person is doing dictates if they are non exempt.
Generally speaking if they are non exempt then you must pay them for the time ( and overtime) as it is worked and therefore it cannot be "banked". No this is not an employer discretionary. It is not employee discretionaly either. The FLSA rules dictate to both parties. |
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Offering Flex-time
posted at 5/12/2009 10:26 AM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
To expand a bit, in order to work a schedule like this and pay as you propose, the employees would have to be considered exempt provided (and this a big "provided") they meet the FLSA standards for exemption.
If these are predominantly nursing assistants, office administration, technicians etc, they would not meet the FLSA criteria for exemption. |
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