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POLICY

Fair Labor Standards Act

Although Administrator and Professional employees are not paid for overtime, those required to work two or more hours beyond their normal quitting time or on a weekend or holiday are entitled to reimbursement of the cost of a meal. The maximum reimbursement for a meal is $10.00. A receipt is required. The mechanism for obtaining reimbursement varies depending on the office, therefore, an employee should discuss.

The Fair Labor Standards Act (FLSA) regulates minimum wage, overtime pay, equal pay, record keeping and child labor standards for employees. The regulations identify and exclude certain workers from the FLSA minimum wage and overtime requirements. Administration and enforcement of the FLSA is the responsibility of the Department of Labor (DOL).

Where New York State law and FLSA conflict, employers must follow the provision that is more favorable to the employee.

Overtime Provisions

Employees are considered exempt or not exempt from the overtime pay provision of the FLSA based on the responsibilities of their jobs. In order to be considered exempt, job responsibilities must meet specific FLSA criteria as either Administrative, Executive, or Professional positions.  The Compensation Office applies the criteria to the responsibilities of a position to determine whether a position is exempt or not exempt from the overtime pay provisions of the Act.

Office and Clerical (Local 3882) and Laboratory and Technical (Local 3882) employees do the kinds of work that is covered by the overtime pay provisions of the FLSA and are considered not exempt from the Act. They are paid for each hour they work, and must be paid 1½ times their hourly rate for each hour worked in excess of 40 hours* in a workweek or be given an equal amount of compensatory time off within the same week. All paid time, except sick leave, is to be counted as hours worked for purposes of computing overtime. See Article 7: Hours of the Collective Bargaining Agreement with Local 3882.

* Note: The University’s collective bargaining agreement with Local 3882 provides that employees covered by the Agreement be paid at the rate of 1½ times their hourly rate for time worked in excess of 35 hours in a given week.

Service Staff (Local 1, Local 810) employees do the kinds of work that is covered by the overtime pay provisions of the FLSA and are considered not exempt from the Act. They are paid for each hour they work, and must be paid 1½ times their hourly rate for each hour worked in excess of 40 hours in a workweek. For positions covered by a collective bargaining agreement, refer to the applicable agreement for specific language. For positions not covered by a collective bargaining agreement contact NYU PeopleLink.

Administrator and Professional employees do the kinds of work that is defined as exempt from the overtime pay provision of the FLSA. They are paid a salary (usually expressed as an annual salary) and are not eligible for overtime pay.

Hours of Work

Work schedules at NYU are determined by the University and based on the requirement of each department or by a collective bargaining agreement when applicable. The usual working hours for a full-time office employee at NYU are Monday through Friday from 9 a.m. to 5 p.m.--a 7-hour work day--with an hour off midday for lunch. However, the working hours of individual offices may vary, and each employee should confirm the regular working hours of the office with his or her supervisor.

Service Staff (Local 1, Local 810) employees usually work 40 hours per week. However, the department head and/or the collective bargaining agreement determine individual schedules that may vary.

Meal Periods (Lunch Breaks)

New York State Labor law entitles employees to a noon day meal break (of at least 30 minutes) after 6 hours of work. Employees whose shift begins before 11 a.m. and ends after 7 p.m. are entitled to an additional meal period of at least 20 minutes between 5 p.m. and 7 p.m. During the meal period the employee must be completely relieved from duty for the purpose of eating a meal.  It is not necessary that the employee leave the premises if he or she is otherwise completely freed from duties during the meal period. The employee is not relieved if he or she is required to perform any duties, whether active or inactive, while eating.

At NYU, Administrator and Professional, Office and Clerical (Local 3882) and Laboratory and Technical (Local 3882) employees are typically provided with up to 60 minutes each day for their midday (lunch) break. Lunch breaks for Service Staff (Local 1, Local 810) employees are determined by the collective bargaining agreement but are no less than the 30 minutes as provided for by New York State law.

The schedule for lunch breaks is usually determined by individual departments.


About This Policy

Effective Date: July 24, 2009
Issuing Authority: Office of Executive Vice President
Responsible Officer: Vice President of Human Resources
Office Name: Human Resources

Administrator and Professional, Office and Clerical (Local 3882), Laboratory and Technical (Local 3882), and Service Staff (Local 1, Local 810, and Non-Union) employees.

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