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USA Operations Centers Pay for the Time Spent Preparing to meet State & Federal Licensing Requirements May 2017
As this policy is reviewed, please note the following State/Area for which exceptions exist:
Not Applicable
Specific details on each exception may be found within the General Information section of this text.
Certain states/federal agencies may require licensing of individuals who perform designated duties. Determination of whether time spent preparing for, and taking, license exams is considered time worked depends greatly on the nature of the work and license exam.
Exempt employees are NOT eligible to receive additional pay for study or testing time spent outside of regular work hours to meet licensing requirements.
Non-exempt/overtime eligible employees are eligible to receive pay for study time and/or testing time spent outside of regular work hours.
If necessary for non-exempt/overtime eligible employees to study for and/or take the license exam outside regular work hours, the employees are eligible to receive pay for the time spent outside of regular work hours preparing for and/or taking the licensing exam.
Non-exempt/overtime eligible employees are required to obtain prior approval from their supervisor if they will study for, and/or take, a licensing exam outside of regular work hours needed to meet licensing requirements.
The Company encourages supervisor discretion in the granting of a reasonable period of time during regular work hours for necessary study by non-exempt/overtime eligible employees.
End of Overview
Definitions
Exempt employees are employees who, because of their positional duties and responsibilities, are “exempt” from the overtime provisions of federal and state (as applicable) wage and hour laws and as such are not paid overtime.
Non-exempt employees are subject to overtime requirements as a result of federal and state (as applicable) wage and hour laws. Therefore, non-exempt employees must be paid for any overtime hours worked. These employees are referred to as “non-exempt/overtime eligible.”
Eligibility
Exempt employees are NOT eligible to receive additional pay for study or testing time spent outside of regular work hours to meet licensing requirements.
Non-exempt/overtime eligible employees are eligible to receive pay for study time and/or testing time spent outside of regular work hours.
If necessary for non-exempt/overtime eligible employees to study for and/or take the license exam outside regular work hours, the employees are eligible to receive pay for the time spent outside of regular work hours preparing for and/or taking the licensing exam.
Non-exempt/overtime eligible employees are required to obtain prior approval from their supervisor if they will study for, and/or take, a licensing exam outside of regular work hours needed to meet licensing requirements.
The Company encourages supervisor discretion in the granting of a reasonable period of time during regular work hours for necessary study by non-exempt/overtime eligible employees.
Non-exempt/overtime eligible employees need to record the time appropriately on their timesheet.
If the employee needs to study during regular work hours for a required licensing exam, they should first discuss with their manager/supervisor. The manager/supervisor will determine the hours approved during regular work hours to prepare for and/or take the licensing exam. Approved study and testing time during regular work hours will be paid.
On an as-needed basis, the manager/supervisor will also determine if reasonable periods of study and/or testing time outside of regular work hours will be needed and approved. Employees are required to obtain prior approval from their manager/supervisor for study time and/or testing time outside of their regular work hours to meet licensing requirements.
The manager/supervisor should explain the Company policy regarding study time and the taking of required examinations to meet state/federal licensing requirements. Supervisors are also responsible for reviewing their direct reports timesheets for accuracy and timely submission.
As needed, Human Resources should provide assistance to managers/supervisors and employees in understanding and applying the policy.