Library: Policy

OKDHS:2-1-26.1. Fair Labor Standards Act (FLSA) compliance

Revised 10-1-10

(a) Statement of policy.  The Oklahoma Department of Human Services (OKDHS) complies fully with the provisions of the Federal Fair Labor Standards Act (FLSA), as it applies to state and local governments.  OKDHS managers, supervisors, and employees are responsible for making every effort to accomplish essential work within the regularly assigned 40 hour workweek.

• (1) FLSA non-exempt employee workweek adjustment and overtime.

  • (A) OKDHS utilizes workweek adjustments, when possible, to avoid overtime work by FLSA non-exempt employees and, when workweek adjustments are not possible, to grant employees compensatory time at the rate of one and one-half times the number of overtime hours worked.

  • (B) Any overtime worked by FLSA non-exempt employees:

    • (i) must be necessary to the continued effective operations of OKDHS;

    • (ii) is managed in the most efficient and economical manner possible; and

    • (iii) is accomplished in accordance with FLSA and these regulations.

  • (C) Payment for overtime work is made as required by FLSA, state law, Merit Rules, or when authorized by the OKDHS Director or designee.  Any delegation of authority to approve overtime payments must be made in writing.

• (2) FLSA exempt employee workweek and overtime.  FLSA exempt employees are expected to accomplish their assigned duties within the regular workweek.  When this is not possible, employees are expected to devote whatever time is necessary to fulfill their responsibilities.

  • (A) Compensatory time or overtime pay for FLSA exempt employees is granted only in exceptional circumstances when authorized by the Director, and, if paid, is based on prevailing market conditions.

  • (B) OKDHS notifies the Office of Personnel Management (OPM) of any overtime payments for FLSA exempt employees.

• (3) Local administrators responsibilities.  Local administrators are responsible for ensuring that OKDHS employees have available for review the rules and regulations governing overtime work, including:

  • (A) OPM policy guidelines for FLSA;

  • (B) OKDHS FLSA regulations; and

  • (C) all posters required by the United States Department of Labor (USDOL).

(b) Designation of FLSA status.  A list of OKDHS classifications indicating the FLSA exempt or non-exempt designation is located in the lists of classified job specifications and unclassified job specifications on the OKDHS Human Resources Management Division (HRMD) Web site.

• (1) FLSA designation.  A level of a job family descriptor (JFD) listed on the HRMD Web site with a blank space under the FLSA column must be reviewed on an individual basis to determine FLSA status.  The employee occupying a JFD level so designated submits Form OPM-39, Position Description Questionnaire, through appropriate supervisory channels, to OKDHS FLSA compliance officer in HRMD.

• (2) Review of FLSA status.  When an employee and the employee's supervisor believe a position within the supervisor's authority is incorrectly designated, a review of FLSA designation must be requested by submitting Form OPM-39 through appropriate supervisory channels, to the OKDHS FLSA compliance officer in HRMD.

(c) Coverage of employees.

• (1) FLSA exempt employees.  The FLSA determines positions which are executive, administrative, computer, or professional and exempts those positions from the FLSA.  These definitions are included in the 2004 Amendments to the USDOL FLSA Regulations and are reviewed when a question arises concerning the FLSA status of a particular position.

  • (A) Employees occupying FLSA executive, administrative, computer, or professional positions are exempt from the overtime provisions of FLSA and are designated FLSA exempt.

  • (B) FLSA exempt employees are not subject to the same minute by minute reporting as FLSA non-exempt employees.  However, consistent with principles of public accountability in the State of Oklahoma, no employee, regardless of FLSA status, will be paid for time not worked.  FLSA exempt employees work the number of scheduled hours in a pay period, filing leave for any time not worked, and ensuring that there is full accounting of the hours of work required.

• (2) FLSA non-exempt employees. OKDHS employees, regardless of status or type of service, who are not included in the executive, administrative, computer, or professional exemptions are subject to the provisions of FLSA and designated as FLSA non-exempt.

(d) FLSA compliance and USDOL audits.

• (1) FLSA compliance.  The OKDHS FLSA compliance officer has primary responsibility for:

  • (A) conducting internal audits;

  • (B) investigating complaints;

  • (C) providing training and technical assistance on FLSA requirements and application;

  • (D) assisting in the resolution of disputes of overtime issues; and

  • (E) providing interpretation of FLSA policies, procedures, laws, and regulations for all OKDHS offices and facilities to ensure compliance with the FLSA.

• (2) Audits by USDOL.  OKDHS cooperates fully in investigations by the USDOL.  The local administrator:

  • (A) immediately notifies the division director for the office or program area under review, the OKDHS Legal Division, the chief administrative officer, and the OKDHS FLSA compliance officer of all contacts by USDOL officials; and

  • (B) is authorized to provide access to records and report to USDOL officials as necessary for audit purposes.