(a) Employees permitted to work.  All time during which Fair Labor Standards Act (FLSA) non-exempt employees are permitted to work, whether authorized or not, must be counted as hours worked, compensable time.  This includes any time worked when the supervisor knew or should have reasonably known the work was performed.  The explanations included in (1) through (11) of this subsection are provided to assist employees and supervisors in defining compensable time.

• (1) Early arrivals and late departures.  Non-exempt employees who begin work prior to their scheduled shift or leave work after their scheduled shift ends must be compensated for that time.
  • (A) Non-exempt employees sign in on Form 11AD005E, Daily Time Sheet/FLSA Non-Exempt Employee, when actually engaged in work activities and when required to be present for work.
  • (B) Non-exempt employees accurately record on Form 11AD005E the time they:
    • (i) begin work;
    • (ii) leave for meal periods;
    • (iii) are away from the work site for personal time off; and
    • (iv) complete their work.
  • (C) Employees determine hours worked using exact times.  Total hours worked are calculated to the minute without rounding.  Supervisors may impose appropriate corrective discipline for chronic or habitual tardiness. 
• (2) Meal periods.  All employees are provided an uninterrupted, free-from-duty meal period of at least 30 minutes.  Employees record any interruptions of meal periods and advise their supervisor as they occur.  This is necessary to adjust time appropriately.  To ensure uninterrupted meal periods, employees are encouraged not to eat at workstations during the meal period.
• (3) Breaks and other brief rest periods of less than 20 minutes.  If provided, breaks and other brief rest periods of less than 20 minutes are counted as time worked.  Normally employees are provided a 15-minute break during each four-hour period on duty.  Breaks may be eliminated as necessary due to staffing or work necessities.  Since breaks are counted as work time, employees are not permitted to save break time in order to count it towards late arrivals early departures, or extended lunch periods.
• (4) Work at home.  An employee who performs work at home, for which the Oklahoma Department of Human Services (OKDHS) accepts the benefits, must receive compensation for the time when the supervisor either knew or should have known the employee was performing the work.
• (5) After hours and weekend work. Employees who work late, come in early, come back to the work location during evening or weekend hours, or otherwise work during regularly scheduled time off, either with the supervisor's knowledge or when the supervisor should have known the work was performed, must be compensated for such time.
• (6) Travel time.  Travel time, excluding normal home-to-work travel, must be counted as time worked when the travel:
  • (A) is performed as part of the employee's regular work assignments, such as travel between various clients' homes or other work locations;
  • (B) is to and from a location, performed all in one day and involves a one-day assignment in another city, including workshops and training activities.  If the employee is not required to report at the work location prior to his or her departure and is permitted to leave from home, the time which would have been spent in normal home-to-work travel is deducted from total hours.  When the employee's residence is closer to the designated location, travel time begins when the employee leave his or her residence; or
  • (C) involves a special assignment in another city and includes an overnight stay, even if it occurs on the employee's regular day off.  All travel occurs within normal working hours unless the supervisor determines it is unreasonable.
• (7) On-call time. On-call time is counted as time worked when an employee is restricted to OKDHS premises during the time spent on-call or the employee is otherwise so limited in activities that he or she is restricted to a particular place designated by OKDHS.
  • (A) Hours during which an employee is generally free to conduct personal business and is only required to remain within reasonable travel distance to the work location, to leave word with the supervisor or designee as to how he or she may be reached, or to carry a pager or phone are not counted as hours worked.
  • (B) When an employee is on non-duty status, the supervisor may designate specific times when the employee calls in to be informed whether the employee is required to report for duty.  Contact time is considered time worked.
  • (C) Supervisors do not place restrictions on employees who are on-call status that would cause on-call time to be counted as hours worked unless approved by the local administrator.
  • (D) Classified employees who are on-call receive a minimum of two hours of work if called to a work location.  Compensable time begins at the call to duty.
• (8) Emergency client services. Time spent responding to emergency calls for client services is counted as time worked.  Time spent on telephone calls in an effort to resolve client situations is counted as time worked.
• (9) Sleep time during duty of 24 hours or more.
  • (A) Sleep time, up to a maximum of eight hours, is excluded from hours worked if at least five hours of uninterrupted sleep are possible during the scheduled sleeping period.
  • (B) Employees must sign an agreement to exclude sleep time prior to the work period lasting 24 hours or more.
  • (C) Interruptions of sleep time to perform duties are considered hours worked.
  • (D) An employee who is responsible for the supervision of an OKDHS client or a child in OKDHS custody is considered performing duties for the entire period the client or child is under the employee's immediate supervision.  In this situation, sleep time is not deducted.
• (10) Volunteer work. Volunteer work on behalf of OKDHS is counted as hours worked if the work is:
  • (A) performed during an employee's normal working hours;
  • (B) not truly voluntary, but performed as a result of job expectations; or assignments, coercion, or the result of undue pressure; or
  • (C) the same or similar in nature to the work the employee is hired to perform.
• (11) Training. Time spent attending OKDHS sponsored lectures, meetings, and training programs is compensable, except when:
  • (A) attendance is outside regular working hours;
  • (B) attendance is voluntary;
  • (C) the subject matter of the course does not relate to the employee's work; and
  • (D) the employee does not perform productive work during attendance.

(b) Employee responsibility. Employees are responsible for:

• (1) understanding the regulations governing compensable time;
• (2) accurately entering all compensable time on Form 11AD005E;
• (3) complying with the local procedures regarding the assigned shift;
• (4) obtaining authorization for overtime work; and
• (5) immediately reporting all overtime worked to their supervisor.

(c) Supervisory responsibility. Supervisors are responsible for:

• (1) monitoring and controlling the number of hours non-exempt staff work;
• (2) utilizing workweek adjustments when possible to avoid overtime work by employees;
• (3) establishing procedures for non-exempt staff to follow when requesting to work overtime;
• (4) informing all non-exempt employees of the procedures for requesting approval to work overtime; and
• (5) ensuring all non-exempt employees are trained in their FLSA rights and responsibilities.

(d) Additional resources. The OKDHS FLSA compliance officer in Human Resources Management Division:

• (1) provides explanations and interpretations to OKDHS staff concerning compensable time;
• (2) reviews FLSA issues and conflicts; and
• (3) recommends appropriate changes to ensure compliance with federal guidelines.