GAP NO. 101.51
Time Reports-Workdays/Workweeks
I. GENERAL
In the Duke University Personnel Policy Manual (section B-30), the workday is defined as a 24 hour period beginning at 12:01 a.m. and ending at midnight the following day. The workweek is defined as a period of seven consecutive workdays, beginning 12:01 a.m. Monday and ending at midnight the following Sunday. For Hospital employees who are paid overtime for hours worked over 8 hours in a day or 80 hours in a 14-day period, the workweek is defined as a work period beginning at 12:01 a.m. Monday, continuing 14 consecutive workdays, and ending at 12:00 midnight the second Sunday night.
For employees regularly working first or second shifts, the payroll system will determine overtime hours based on the hours reported on the time report and the overtime option applicable to the employee. For employees working a shift that crosses over at Midnight from one workday to another, the payroll system's calculation of overtime does not always agree with the FLSA requirements.
II. SPECIAL SITUATIONS
On timecards, time worked and time off with pay is reported on the workday that the shift begins in order to avoid having to split the hours across two days; however, this creates two areas of time reporting requiring special procedures. Departments must follow these procedures to ensure compliance with the FLSA law:
A. EMPLOYEES WORKING A SHIFT WHICH CROSSES WORKDAYS
For employees paid overtime for hours over 8 per day, if:
- an employee's work period crosses workdays at Midnight, and
- the employee starts to work within 24 hours of the beginning of the last work period (usually caused by rotating shifts)
then the payroll system will not recognize all overtime hours necessary to comply with the law. A Special Overtime Hours report (orange) must be used to list the additional overtime hours to comply with the FLSA.
If the answer to both questions is "yes", the payroll clerk must:
- Determine overtime hours that will be recognized by the payroll system, based on hours listed for the workday on the timecard.
- Calculate overtime hours based on the actual workday ( 12:01 a.m. - midnight).
- If the overtime hours for the actual workday are greater than those recognized by the payroll system, the payroll clerk must submit a Special Overtime Hours report listing the overtime hours difference. The Special Overtime Hours report will add these additional overtime hours to those determined by the payroll system.
| EXAMPLE |
|
WORKWEEK |
|
|
|
|
|
|
M |
T |
W |
TH |
F |
|
Total |
|
|
|
|
|
|
|
|
|
|
| Employee works |
|
11p-7a |
11p-7a |
11p-8a |
3p-11p |
3p-11p |
|
|
Hours as reported on
day shift begins
(per time report) |
8 |
8 |
9 |
8 |
8 |
= |
41 |
Hours as reported on
actual workday (FLSA) |
1 |
8 |
8 |
16 |
8 |
= |
41 |
The first line reflects the hours worked by the employee. The problem day is Thursday, when the employee returned to work at 3:00 p.m. which was less than 24 hours from the starting time of his previous shift.
The second line reflects how the time would be reported on the time card. The payroll system would recognize one overtime hour on Wednesday (over 8 hours in a day).
The third line reflects how the time would be shown if it were reported as it actually occurred on a workday (as required by the FLSA). The hours worked on each shift are split between the two workdays at midnight. The overtime hours are 8 on Thursday per this method.
In this example, the payroll system only recognizes 1 overtime hour yet 8 overtime hours must be recognized to comply with the FLSA. The difference of 7 overtime hours should be reported on the Special Overtime Hours report as additional overtime hours for the pay period.
Note: If the total hours reported on the time report had exceeded 40 hours for a workweek or 80 hours for a 14-day period, the additional overtime might have been less than the 7 hours. For example, if the total hours worked had been 48, there would have been no additional overtime hours to report as the payroll system would have recognized 8 overtime hours
B. EMPLOYEES WORKING A SHIFT WHICH CROSSES WORKWEEKS
The first line reflects the hours worked by the employee. The problem occurred when the employee worked a shift starting on Sunday night of the previous workweek, worked into the current workweek, and did not work the same shift on Sunday night at the end of the workweek.
The second line reflects how the time would be reported on the time report. The payroll system would calculate 2 overtime hours (Saturday) using the 8 hours/day rule and 6 overtime hours using the 40 hours/workweek rule, and thus would recognize 6 hours as overtime hours.
The third line reflects how the time would be shown if it were reported as it actually occurred on a workday. The hours worked on each shift are split between the workdays at midnight. The overtime hours are 13 per this method.
In this example, the payroll system only recognized 6 overtime hours while FLSA requires pay for 13 overtime hours. The difference of 7 hours must be reported on the Special Overtime Hours report as additional overtime hours for the pay period.
| GAP History |
| Issued: |
July 1996 |
| Revised: |
October 2004 |
