PURPOSE

This policy provides guidelines for Professional Staff Members on Hours of Work, including Flexible Work Arrangements, and how to ensure compliance with the Fair Labor Standards Act.

APPLICABILITY

This policy applies to all eligible Professional Staff Members.

IMPLEMENTATION

Implementation of this policy is the responsibility of the Department of Human Resources.

ADMINISTRATIVE OVERSIGHT

The President of the Academy of Natural Sciences of Drexel University is the official responsible for the administration of this policy.

POLICY

The Academy complies with and compensates Professional Staff Members in accordance with the Fair Labor Standards Act and other applicable laws.

DEFINITIONS

Compressed Work Schedule is defined as an alternate work schedule completed in fewer than five (5) full workdays per week.

Department Head is defined as the highest ranking administrator in a department or center within the Academy of Natural Sciences (e.g., Vice President, or Director).p>

Drexel Business Hours is defined as the time of day during which business is transacted on behalf of the University.  Drexel’s Business Hours are 8am to 5pm.

Exempt Professional Staff Member is defined under the Fair Labor Standards Act as a Professional Staff Member holding a bona fide executive, administrative or professional position that is not subject to the overtime provisions of the Act.  Exempt Professional Staff Members are considered salaried and cannot be docked for anything less than a full day’s work.

Fair Labor Standards Act (FLSA ) prescribes standards for the basic minimum wage and overtime pay.  It requires employers to pay covered Professional Staff Members who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay.

Flex Schedule is defined as an alternate work arrangement outside of the standard 8am to 5pm Workday.

Flexible Work Arrangement is defined as a non-traditional work arrangement with varied start and stop times or locations; and can include 1) Compressed Work Schedule, 2) Flex Schedule, 3) Job Share, or 4) Telework. Except in a Job Share situation, the total numbers of hours worked during a pay period and productivity/output expected remains the same.

Flexible Work Arrangement Agreement is a written agreement between the Professional Staff Member and the immediate supervisor that details the terms and conditions of the Professional Staff Member’s Flexible Work Arrangement.

Full-time Professional Staff Member is a Professional Staff Member who is regularly scheduled to work 40 hours per week.

Hours of Work is defined as a Workday or Workweek during which a Professional Staff Member is engaged in any type of work-related activity that is pursued primarily on behalf of the Academy, whether or not controlled or required by management.

Job Share is defined as a work arrangement where two Professional Staff Members share the responsibilities of one full-tie position, in which each Professional Staff Member works part-time and shares a specific proportion of a full-time position.

Non-exempt Professional Staff Member is defined under the FLSA as a Professional Staff Member holding a position that is subject to the provisions of the Act.

Overtime is defined as all hours worked in excess of forty (40) in a seven day Workweek for Non-exempt Professional Staff Members. The Non-exempt Professional Staff Member must be paid at a rate of one and one-half times the regular rate of pay for all hours worked above 40.  Non-exempt Professional Staff Members who work in California must be paid at a rate of one and one-half times the regular rate of pay for all hours worked above eight (8) in a single day.

Part-time Professional Staff Member is a Professional Staff Member who is regularly scheduled to work at least 20 but fewer than 40 hours per week.

Pay Period is defined as the bi-weekly period for which the work of a Non-exempt Professional Staff Member is compensated and the monthly period for which the work of an Exempt Professional Staff Member is compensated.

Professional Staff Member is defined as an individual employed in any non-faculty category by the Academy of Natural Sciences of Drexel University, including an individual who is deemed to be either exempt or non-exempt under the provisions of the FLSA and/or applicable state law.

Telework is defined as a work arrangement where the Professional Staff Member performs a portion of their job off-site (typically in a home office), on a regular, recurring basis.

Workday is defined as the 24-hour period that commences at 12:00am and concludes at 11:59pm.

Workweek is defined as the 168-hour period, encompassing seven (7) consecutive 24-hour periods, that commences on Saturday at 12:00am and concludes at 11:59pm the following Friday.

PROCEDURES

1. Approval of Overtime for Non-Exempt Professional Staff
   1. Ideally, Overtime should be assigned to the Non-exempt Professional Staff Member by the immediate supervisor in advance of the time that they are worked.
   2. It is the responsibility of the immediate supervisor to ensure that work is not performed when it has not been assigned, including work that is performed away from the work site, in the Professional Staff Member’s home, or on a voluntary basis.
   3. c. Overtime worked but not assigned in advance must nevertheless be paid in accordance with the FLSA. However, Non-exempt Professional Staff Members who work Overtime without prior authorization may be subject to the Academy of Natural Sciences of Drexel University’s Performance Improvement Process, up to and including termination of employment.
   4. The immediate supervisor has the right to require Non-exempt Professional Staff Members to work a reasonable amount of overtime based on business needs.  The immediate supervisor will attempt to provide affected Professional Staff Members with as much advanced notice as possible, under the circumstances, and will assign overtime work as fairly and consistently as possible given the nature of the work to be performed and Professional Staff Member’s capabilities.
   5. Refusal to work scheduled Overtime may subject the Professional Staff Member to the Academy of Natural Sciences of Drexel University’s Performance Improvement Process, up to and including termination of employment.
2. Payment of Overtime to Non-Exempt Professional Staff
   1. Non-exempt Professional Staff Members shall be paid Overtime for actual hours worked in excess of  forty (40) hours in a Workweek during the pay period in which the Overtime are worked, unless otherwise required by applicable law. 
   2. Non-exempt Professional Staff Members may not receive time off, otherwise referred to as compensatory time, in lieu of payment for Overtime.
   3. Paid Leave Time, (i.e. vacation leave, holidays, Floating Holidays, Bereavement, and sick days) will not be included for purposes of determining overtime.
   4. An unpaid meal period of at least one half hour shall be provided during each Non-exempt Professional Staff Member’s work shift of eight hours or more.  A meal period is unpaid so long as the Professional Staff Member is relieved of all duties and is free to leave his or her work area.  The unpaid meal period will not be included in the calculation of Hours of Work for purposes of determining whether overtime has been worked.
   5. The immediate supervisor will review and approve time records at the conclusion of each pay period in accordance with the Academy of Natural Sciences of Drexel University payroll schedule.
   6. The Non-exempt Professional Staff Member is responsible for accurately, honestly and timely recording hours worked on the Academy’s time reporting system and in accordance with departmental policies. A violation of this policy will subject the Professional Staff Member to the Academy of Natural Sciences of Drexel University’s Performance Improvement Process, up to and including termination of employment.
   7. When a Non-exempt Professional Staff Member works more than one non-exempt job for the Academy, the overtime pay calculation will be based on the combined hours worked. Overtime will be charged against the department or college where the Professional Staff Member worked over and above forty hours. A Non-exempt Professional Staff Member’s attendance at meetings, workshops, training programs and similar activities will not be counted as Hours of Work under the FLSA if all of the following conditions are met:
      1. Attendance is outside the Professional Staff Member’s regular work hours;
      2. Attendance is voluntary;
      3. The meeting, workshop, training program or similar activity is not directly related to the Professional Staff Member’s job; and,
      4. The Professional Staff Member does not perform any productive work during that time.
   8. A Professional Staff Member’s voluntary attendance in a course of formal educational instruction after regularly-scheduled work hours is not considered Hours of Work for purposes of calculating Overtime.
   9. If a Non-exempt Professional Staff Member travels on Academy-related business, the time spent in travel may be counted as Hours of Work for purposes of calculating Overtime in accordance with the FLSA. The immediate supervisor should consult with an HR Partner to review these situations to ensure proper payment of overtime for travel in compliance with applicable federal, state and local laws.
   10. Exempt Professional Staff Members are required to work as much time as necessary in order to fulfill the requirements of the position without additional compensation, even if they are required to work beyond their normal work hours.   Any deviations of pay for Exempt Professional Staff Members must be reviewed and approved by the Vice President of Human Resources.
3. Flexible Work Arrangements
   1. With the approval of the immediate supervisor and Department Head, whose decision shall be based on the needs of the Department or Center,; a Professional Staff Member may adopt a Flexible Work Arrangement.
   2. Eligibility requirements for a Flexible Work Arrangement include the following:
      1. All Professional Staff Members must work during Drexel’s Core Business Hours.
      2. An overall performance rating of “Meets Expectations” at the time of the request for a Flexible Work Arrangement.  If the Professional Staff Member’s performance rating drops below “Meets Expectations,” he or she will immediately resume a traditional work schedule.
      3. The Flexible Work Arrangement may not result in the Professional Staff Member incurring Overtime.
   3. A Non-exempt Professional Staff Member may not be regularly scheduled to work more than 40 hours in a Workweek as a result of the implementation of a Flexible Work Schedule.
   4. A Flexible Work Arrangement may include a Compressed Workweek, Flex Schedule, Job Share, Telework or another arrangement that results in the Professional Staff Member meeting the required Hours of Work for his or her position.
   5. The Professional Staff Member must complete a Flexible Work Arrangement Request form and submit it to his or her immediate supervisor, who will review the form with their Department Head and make a determination.
   6. If approved, the immediate supervisor will work with his or her HR Partner to develop a written Flexible Work Arrangement Agreement.  The final Flexible Work Arrangement Agreement will include the details of the Flexible Work Arrangement (e.g., workdays, hours, location) and must be signed by the Professional Staff Member, the immediate supervisor, the Department Head and the HR Partner.
   7. It is the immediate supervisor’s responsibility to ensure coverage during the Academy of Natural Sciences of Drexel University Business Hours so all Professional Staff Members of the work group are aware of each others’ work schedules.
   8. The immediate supervisor and the Professional Staff Member who follows a Flexible Work Arrangement will review the schedule annually during the course of the performance evaluation process, or more frequently if necessary, to confirm that the schedule is not in any way impeding the Professional Staff Member’s productivity and, therefore, may continue. 
   9. If it is determined at any time that the Flexible Work Arrangement is not meeting the needs of the Department or Center, the immediate supervisor, in consultation with an HR Partner may require the Professional Staff Member to resume a traditional work schedule.

AT-WILL EMPLOYMENT NOT AFFECTED

Notwithstanding anything to the contrary stated in this policy, nothing herein is intended to alter the at-will status of any Professional Staff Member. The Academy of Natural Sciences of Drexel University at all times retains the right to terminate any Professional Staff Member at any time for any lawful reason, or for no reason at all.