Informal flex schedule arrangements involve situations wherein an employee works more than their scheduled hours on one day and, instead of being paid overtime, agrees to work fewer hours on another day. For example, an employee who normally works five 8-hour days may work 10 hours on Tuesday and 6 hours on Friday. The following is guidance on such schedules relative to overtime requirements under the Fair Labor Standards Act (FLSA) and for represented employees covered by a Memorandum of Understanding (MOU).
Section I applies only to employees who are covered by the FLSA. These are employees in Work Group 1. Section II applies to employees in Work Groups 2 and 5 who are exempt from the FLSA, but who are covered by a Memorandum of Understanding. Prior to entering into discussions with an employee about an informal flex schedule, please call Employee & Labor Relations to confirm the employee’s Work Group.
Section I – FLSA Covered Employees in Work Group 1
The informal flex schedule described above is acceptable and in accordance with the provisions of the FLSA as long as the following criteria are met:
- The employee must code the actual number of hours worked each day on the timecard. In the example above, the employee would code 10 hours of 001 time on Tuesday and 6 hours of 001 time on Friday.
- The employee must not work more than 40 hours in any week. In the case above, the employee worked 40 hours during the work week. It is not acceptable for an FLSA-covered employee to work extra hours in one week and take the time off in the following week. For example, an employee who is covered by the FLSA cannot work 10 hours on a day in the first week of a pay period and then work 6 hours on a day in the second week of the pay period without being paid overtime for the additional 2 hours worked in the first week. The FLSA requires overtime for all hours worked beyond 40 in any given week.
Section II – FLSA Exempt Employees in Work Groups 2 and 5
The FLSA provisions outlined above do not apply to employees in Work Groups 2, or 5. However, most employees in Work Groups 2 and 5 are covered by a Memorandum of Understanding that requires the payment of overtime for hours in excess of the 40-hour weekly work schedule. Prior to allowing a represented employee in Work Group 2 or 5 to flex their schedule beyond a single work week, make sure that the employee is voluntarily agreeing to the arrangement and then document the agreement in the form of a dated note. As for employees in Work Group 1, make sure that the timecard accurately reflects the actual number of hours worked on each workday.