United States Department of Labor Issues Guidance on Travel Time, Breaks and Overtime Pay in Higher Education Institutions

Details: 

FLSA2018-18  

FLSA2018-18  addresses the following question:  For employees with irregular schedules, how do you determine "normal work hours" during which they must be paid when travel requires an overnight stay? This letter provides employers with two different methods to reasonably ascertain an employee's normal work hours, and determine whether travel time is compensable. The employer may review the employee's time records during the most recent month of regular employment and use the average start/end times during that time period. Employers also may negotiate with the employee or employee's representative and agree to what constitutes the employee's normal work hours.   

FLSA2018-19  

In FLSA2018-19, the DOL clarifies that rest breaks given by an employer to accommodate an employee's serious health condition predominantly benefit the employee and thus, are not compensable. This ruling provides an exception to the current FLSA regulations, which state that employees must be paid during rest breaks of 20 minutes or less. The DOL explained that a 15-minute rest break each hour that was certified by a health care provider due to the employee's serious health condition—and therefore covered by the Family and Medical Leave Act (FMLA)—was not compensable time under the FLSA. As a reminder, employees that take FMLA-protected breaks as an accommodation must still receive as many paid rest breaks as their coworkers.  

Fact Sheet 17(s)  

Fact Sheet 17(s): Higher Education Institutions and Overtime Pay Under the Fair Labor Standards Act (FLSA), discusses the applicability of the "white collar" exemptions common in higher education institutions. This Fact Sheet lists the following positions as typically exempt under the FLSA:

• part-time teachers;
• teachers who teach online or remotely;
• teachers who spend a "considerable amount of time" in extracurricular activities (e.g., coaching); and
• athletic coaches employed by higher education institutions.  

• certified athletic trainers;
• librarians; and
• post-doctoral fellows.  

• admissions counselors;
• student financial aid officers;
• department heads;
• intervention specialists; and
• academic counselors.  

• graduate teaching assistants;
• research assistants; and
• student residential assistants.  

Call to Action: Employers may wish to consult with counsel regarding whether their pay practices are consistent with the above.  Please contact your Service Team with any questions.