A group of faculty and staff discussing technology use at Miami during the Plug-in and Reboot conference

2016 Changes to the Fair Labor Standards Act for Unclassified Staff

Questions

For more information about FLSA read the Frequently Asked Questions.

**SUSPENDED**

Due to recent changes in the federal law known as the Fair Labor Standards Act (FLSA), approximately 200 members of Miami’s unclassified staff who earn a salary of less than $913 per week ($47,476 per year) will become eligible for overtime pay or compensatory time on December 1. 2016.  While some administrative changes will be necessary in order to comply with the change in the law, the important role these unclassified staff play as members of Miami’s professional staff will not change.

Recognizing that one size will not fit all, the University is providing divisions and departments with multiple ways to manage the impact on their staffing and budgets. Some employees will receive a salary adjustment in order to maintain their exempt status. Some departments will pay overtime and some will use compensatory time only programs. Some departments will also use alternative work schedules for employees in lieu of overtime work and/or limit employees to a 40 hour work week.

 The changes to the FLSA regulations do not apply to:

  • Faculty, tutors, laboratory and clinical instructors regardless of salary level
  • Graduate teaching and graduate research assistants regardless of salary level
  • Athletic coaches
  • Physicians and lawyers

In order to comply with the regulations and to pay overtime and compensatory time to the newly eligible employees, the University will need to make several changes to its administrative and payroll practices. The chart below provides a summary of the administrative changes that will occur over the next few months for those employees who will become eligible for overtime and compensatory time.

 
Overtime/Compensatory Time Changes for Eligible Unclassified Employees and Academic Administrators
Employment Current Practice Change Under New Law
Annual Appointment Yes. No Change.
Receive an Annual Salary Yes. No Change.
Receive additional pay for hours worked over 40 in a single workweek No. Yes–Employee will receive 1.5 times the regular rate of pay or equivalent compensatory time off for all hours worked over 40.
Vacation All full-time unclassified staff earn 22 days per year and use vacation in half day increments. No Change. Vacation will accrue on a bi-weekly basis.
Sick Leave All full-time unclassified staff earn 15 days per year and use sick leave in half day increments. No Change. Sick leave will accrue on a bi-weekly basis.
Retirement-OPERS/ARP Contributions will be made monthly. Yes–Contributions will be made biweekly.
Pay periods Paid on a monthly basis. Yes–Employee will be paid bi-weekly beginning January 1.
Reporting Hours Worked No. Yes–Employee will use Kronos to report overtime hours.
Reporting Compensatory Time Use No. Yes–Employee will report compensatory time using Kronos in one-half day increments.
Reporting Vacation/Sick Leave Use Yes-Using Banner Web. Yes–Employee will use Kronos to report sick leave and vacation use and in one-half day increments.