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USA Operations Centers Pay Policy May 2017
As this Pay Policy and Pay Policy examples are reviewed, please note the following State/Area for which exceptions exist:
California – some Pay Policy examples provided in this chapter do not apply to California employees.
Specific details on each exception may be found within the General Information section of this text.
All employees, including new hires and rehires, are required to review and acknowledge they understand the Joyner Pay Policy. Employees are directed to discuss any questions they may have about the Pay Policy with their supervisor or Human Resources.
Completion of the Pay Policy review is also listed on the New Employee Orientation Check List as a reminder.
Definitions
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 are paid for overtime hours worked. These employees are referred to as “non-exempt/overtime eligible” in this chapter.
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. These employees are referred to as “exempt “in this chapter.
Key Points of the Joyner Pay Policy
It is Joyner’s policy and practice to accurately compensate employees in compliance with all applicable state and federal laws. As a Joyner employee, you have a responsibility to understand and adhere to our Pay Policy.
It is the responsibility of non-exempt/overtime eligible employees to completely and accurately report all time worked, and it is management's responsibility to review their direct reports’ timesheets for accuracy and timely submission.
Examples of Violations of the Joyner Pay Policy Include but are not limited to:
Fail to report or inaccurately report time worked.
Work off the clock, meaning perform work that is not reported on a timesheet. All non-exempt/overtime eligible employees must report all time worked. Working off the clock is expressly prohibited.
Falsify a timesheet or improperly alter another employee's timesheet.
Instruct an employee to incorrectly or falsely report hours worked.
Allow or permit work off the clock.
Note: Any of the above violations could result in disciplinary action, including termination of employment
Reporting Pay Policy Violation Concerns
If you are instructed to violate the Pay Policy, or if you become aware of a violation of the Pay Policy, you should report it immediately.
Reported Pay Policy violations will be investigated and corrective action will be taken where appropriate.
Joyner will not tolerate any retaliation against individuals who report alleged violations of the Pay Policy or who cooperate in a Joyner investigation. Any form of retaliation is a violation of the Pay Policy and could result in disciplinary action, including termination of employment.
End of Overview
Your next Step is to Complete Your “Review and Acknowledgement” of the Joyner Pay Policy
To complete your review and acknowledgement of the Pay Policy, click on the following link: Joyner form. After you read the Pay Policy, you will be directed to check the box located at the end of the Pay Policy form to acknowledge you have reviewed and understand the Pay Policy. After checking the box, make sure you click the “Submit” button.
It is Joyner policy and practice to accurately compensate employees in compliance with all applicable state and federal laws. As a Joyner employee, you have a responsibility to understand and adhere to our Pay Policy.
Fail to report or inaccurately report time worked.
Work off the clock, meaning perform work that is not reported on a timesheet. All non-exempt/overtime eligible employees must report all time worked. Working off the clock is expressly prohibited.
Falsify a timesheet or improperly alter another employee's timesheet.
Instruct an employee to incorrectly or falsely report hours worked.
Allow or permit work off the clock.
Any of the above violations could result in disciplinary action, including termination of employment.
Deductions from an exempt employee’s salary may occur only when they are authorized under the Fair Labor Standards Act (FLSA) or applicable state laws. No deductions from salary or disciplinary sanctions related to pay will occur in a manner that violates the salary requirements for exempt employees established under the FLSA or applicable state laws.
Review Your Pay Stub
Review your pay stub upon receipt to ensure its accuracy.
If you believe a mistake has occurred, or if you have any questions, please follow the procedure outlined below.
Your Supervisor, or
Human Resources Employee Care Services (HREC)
Management, or
Any member of Human Resources, or
Compliance & Ethics Hotline
Your report will be investigated and corrective action will be taken where appropriate.
Joyner will not tolerate any retaliation against individuals who report alleged violations of this policy or who cooperate in the Company's investigation. Any form of retaliation is a violation of this policy and could result in disciplinary action, including termination of employment.
ACKNOWLEDGMENT By checking the box, I acknowledge I have reviewed and understand the Joyner’s Pay Policy for U.S. Employees.
End of Joyner Pay Policy for U.S. Employees
Record the extra 10 minutes worked beyond 4:15 p.m. on the timesheet.
It is not necessary to record the extra 10 minutes worked since the call was initiated before 4:15 p.m. and the additional work time was not officially scheduled.
Donald should tell the customer he will respond the following day because his workday ends at 4:15 p.m.
Response: "A" is correct. Donald's 10 minutes of additional time worked beyond his regular workday on Wednesday must be recorded on his timesheet. Therefore, Donald will record he worked until 4:25 p.m. on his timesheet for Wednesday, rather than recording his normal end time of 4:15 pm.
It is Joyner policy and practice to accurately compensate employees in compliance with all applicable state and federal laws. Therefore, ANY additional time worked must be recorded on the timesheet.
Non-exempt/overtime eligible employees should discuss with their supervisor ahead of time how to handle any end-of-shift work. Some work environments might also allow work in progress to be transferred to a coworker whose workday is not over, if appropriate.
5 minutes, or the approximate amount of time spent answering and directing calls.
30 minutes as time worked, i.e., Maryann's entire 30 minute "lunch period".
0 minutes, as the time spent answering the calls is voluntary and to minimal to require recording on the timesheet.
Response: "B" is correct. In order for a meal to be unpaid, the non-exempt/overtime eligible employee must be completely relieved of all duties. Because Maryann actually answers the phone and directs calls during her 30 minute "lunch period", she was not completely relieved of all duties and is considered to have been working while eating. Therefore, she should be paid for the entire 30 minutes.
The fact that Maryann volunteered to answer the phone is not a factor. We must pay for any time the employee actually performs work, whether voluntary or involuntary. For this reason, it is recommended that supervisors require their non-exempt/overtime eligible employees to leave the work area for the duration of any meal period.
Maryann's supervisor also has a responsibility to ensure that Maryann understands that she is not permitted to perform any work duties during her lunch break.
Note: In states with daily overtime requirements, Maryann would receive overtime pay for any time worked beyond the state's daily overtime threshold. A number of states require employers to provide non-paid meal periods for full time employees. Permitting/allowing employees to "perform work" during the meal period could be in violation of some state’s laws and could result in the payment of additional wages or penalties.
Angela should be paid for all additional hours worked. The supervisor should also reinforce Joyner Pay Policy with Angela.
The supervisor should promote Angela for voluntarily working additional hours and going beyond expected performance.
Joyner does not owe Angela for the additional hours worked since the hours were not authorized and her management was not aware of the extra time worked.
Response: "A" is correct. Angela's supervisor should work with Angela to determine how many total regular and overtime hours have not been paid for (whether authorized or unauthorized), and pay her accordingly for those hours.
Angela's supervisor has a responsibility to ensure that Angela understands that not reporting the extra time worked is a serious breach of Joyner 's Pay Policy. Additionally, Angela's supervisor should reiterate the Company's requirement to pay for all hours worked, review her workload, and discuss ways to stand out as a top performer in the time allowed. Supervisors who learn of additional time worked by their non-exempt/overtime eligible employees and fail to report it would also face disciplinary action.
29 CFR 785.13 provides in relevant part:
‘It is the duty of management to exercise its control and see that the work is not performed if it does not want it to be performed. It (management) cannot sit back and accept the benefits without compensating for them. The mere promulgation of a rule against such work is not enough. Management has the power to enforce the rule and must make every effort to do so.’
Response: The statement is "False". There are indeed "de minimis" provisions in which employers are not required to pay for "uncertain and indefinite periods of time involved of a few seconds or a few minutes duration" (among other criteria). However, Tom's time spent preparing the workstation is regular, rather predictable, and longer in duration than a few seconds or a few minutes. Therefore, it would not qualify under the de minimis provision and would be considered to be actual time spent working. This additional time must be recorded on Tom's timesheet.
Note: In these types of situations, if it requires 10 minutes to complete the "log in" process, review instructions for the day, etc., then Tom's supervisor needs to ensure Tom understands he should not begin the "log in" process until 8:00 a.m. If, for business reasons, Tom actually needs to be prepared to begin taking calls at 8:00 a.m., then his work day should be adjusted to begin at 7:50 a.m., and end at 4:05 p.m.
If it takes Tom 10 minutes to complete the "log off" process at the end of the day, then Tom should begin the "log off" procedure 10 minutes before the end of his scheduled work day.
Guidance for Non-exempt/Overtime Eligible Employees and their Managers who work in an area where Time Clocks are used to Record Time: Employees must completely and accurately report all time worked by clocking in/out according to their scheduled shift. Business areas should set expectations for employees taking into consideration work requirements, the location of the time clock, and the time required to perform any necessary initial or concluding activities, such as logging on/off a workstation.
All employees, including new hires and rehires, are required to review and acknowledge they understand the Joyner Pay Policy.
Employees are directed to discuss any questions they may have about the Pay Policy with their supervisor or Human Resources Representative.
Supervisors are responsible for ensuring that their employees, including new hires and rehires, review and acknowledge they understand the Joyner Pay Policy. Supervisors are also responsible for reviewing their direct reports’ timesheets for accuracy and timely submission.
Answers questions about the Joyner Pay Policy and assists with compliance with the Pay Policy and all wage and hour laws.