Questions about CC’s Response to DOL Overtime Regulations

Do you have questions about the changes to DOL Overtime Regulations?

Ask them in the “Leave a Reply” section below.

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12 thoughts on “Questions about CC’s Response to DOL Overtime Regulations”

  1. Just a few questions;

    1. If an employee’s status changes from exempt to nonexempt, how does that affect vacation accrual?
    2. An exempt employee receives an annual employment letter/contract, which implies a certain level of job security. If an employee becomes non-exempt, will they still receive that?
    3. HR reported that they were consulting with division heads for information regarding employees who might fall into this category. Why not talk directly to the employees who will be affected?

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    1. 1. There are different vacation accrual rates for exempt and non-exempt staff. How this will be handled going forward is yet to be decided.
      2. CC doesn’t not use “contracts.” Each full- and part-time staff member, exempt and non-exempt, receives a letter each year confirming their salary for the coming year.
      3. Division heads are responsible for personnel in their respective divisions and have been working to provide HR with information related to the positions affected by the Department of Labor regulations.

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  2. Under the new rules, how should hourly rates be calculated for CC’s Non-Exempt Paraprofessionals and/or Staff, who travel to support off-site courses that occur over multiple days, overnight and are outside of regular hours? Also, is driving students to support an off-site course considered commuting? If not, is driving, under these circumstances, payable by the hour?

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    1. Any time spent traveling in the course of one day is considered hours worked and therefore, paid time. Travel time that occurs for multiple day events is considered hours worked and therefore paid time when it occurs during the paraprof’s regular working hours even if the travel occurs on a day that the paraprof doesn’t normally work. For example, the paraprof normally works Monday through Friday, 8 am – 5 pm. She has to travel for a student trip on Saturday between the hours of 1:00 and 3:00. This is paid time because the hours fall within her regular work hours even though she doesn’t normally work on a Saturday. IF the same paraprof travels outside of regular work hours, this is not considered hours worked and is not paid time. For example, if she travels Wednesday evening from 7:00 PM to 9:00 PM, these are not her regular work hours, therefore, not paid time. If the paraprof is driving the van or doing any work while traveling, regardless of when it occurs, this is paid time.

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  3. I heard and see here on the website that over 40 hours in a week is OT.
    What about over 12 hours in a day, ( someone may not end up with over 40 hours in the week, but could have up to 3 days of 12 hours or more) which I understand to be Overtime as well?

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    1. The Colorado Minimum Wage Order does indicate that employees shall be paid overtime for any hours worked in excess of 40 hours per workweek or 12 hours per workday. The CO Wage Order only applies to businesses in certain industries and does not apply to higher education; Colorado College follows federal law regarding overtime.

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      1. I don’t currently have the federal law in front of me right now, but I am seeing in your response that I could be worked 24 hours and it would be at regular rates and not 12 regular and 12 OT rates?

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  4. How will this new overtime rule impact student employees who are paid a stipend vs. an hourly wage, e.g. program mentors, orientation mentors, etc.? In the past, as long as the stipend amount met or exceeded the old $455/wk salary threshold for exempt employees, were were allowed to pay a flat stipend for these types of positions, which often involve the student employees working more than 40 hours per week, i.e. living in the residence hall full-time with their mentees for the duration of a particular program, rather than an hourly wage.

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    1. The easy answer is that most student employees are not subject to the Fair Labor Standards Act. Students who are employed by the college in jobs that support their academic experience – versus in jobs that exist primarily to benefit the college – are not subject to the same compensation rules as regular employees. We have determined that student jobs, such as mentors, RA’s, do not fall under the FLSA.

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      1. Thanks for this information. So, does this mean that when determining the stipend amount to pay to a student employee who is working as a mentor, we no longer need to be concerned with tying it to any sort of FLSA-related minimum salary threshold, like the old $455/wk minimum compensation rate? Of course, we don’t want to underpay our student employees who are serving in mentor roles, but I’m just wondering, for budgeting purposes, if we can stick with our current stipend rates for student employees, or whether we’ll have to raise them for any reason. Please clarify. Thanks!

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