USA Operations Centers Work Hours and Time Worked May 2017

State/Area Exceptions

As this policy is reviewed, please note the following State/Area for which exceptions exist:

California, Connecticut, Illinois, Kentucky, New Hampshire, New York, Wisconsin

Specific details on each exception may be found within the General Information section of this text.

Overview

There may be occasions where an employee is asked, or volunteers, or is required to work additional hours beyond his or her regular work day or work additional days beyond his or her regular work week due to business needs or other requirements.

This policy covers the defined workweek and workday, regular rate of pay, an introduction to overtime eligibility, and what constitutes time worked, including meal and rest breaks.

Joyner Standard Workweek The standard workweek begins on Saturday at 12:01 a.m. and ends the following Friday at midnight and consists of 40 work hours each week for most full-time positions.

Joyner Workday The workday begins at 12:01 a.m. each day and ends 24 hours later at midnight. The majority of full-time positions have a “standard workday” comprised of 8 work hours plus a 1 hour non-paid meal period. Regular Rate of Pay “Regular rate of pay”, in general, is the employee's compensation rate. For non-exempt/overtime eligible employees, “regular rate of pay” is converted to an “hourly rate of pay” for example, when calculating overtime pay. For salaried exempt employees, “regular rate of pay” is generally expressed as an annual salary.

Overtime Definitions and Rate of Pay 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” employees throughout this policy.

The overtime rate of pay for non-exempt/overtime eligible employees is their “regular rate of pay" multiplied by 1 ½. If for example, during the same week when overtime pay is earned an employee is also receiving Bilingual pay and/or Shift Differential pay and/or Location Cost Differential pay, then these additional payments will also be included in the calculation of the overtime pay for that particular week.

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.

Time Worked All time non-exempt/overtime eligible employees spend actually performing activities required by Joyner for their job even if performed away from their regular job site, counts as “time worked and is paid. This also includes time spent assisting others in the performance of their job assignments or assisting others with their job training.

Time Worked Examples

Dora, a non-exempt/overtime eligible employee, is generally scheduled to work from 8:00 a.m. to 5:00 p.m. (which includes a 1 hour non-paid meal period) five days a week. Each morning she arrives at her work area at 7:45 a.m., drops off her personal belongings and goes to the break area. Dora returns to her work area and turns on her computer at 8:00 a.m. and begins preparing for her workday. Dora receives a business call at 8:15 a.m.

Question: What is the earliest time that Dora is considered to be in a time worked status (i.e. what is the earliest time that Dora will start earning pay)? Answer: Dora is in a time worked status beginning at 8:00 a.m. when she turns on her computer and begins preparing for her workday. Dora should not start working until her scheduled work day begins. In this example, Dora’s workday begins at 8:00 a.m.

Note: The time non-exempt/overtime eligible employees spend preparing/shutting down their computer (workstation) at the beginning/ending of each workday is considered “time worked”. Therefore, management must ensure that non-exempt/overtime eligible employees have time within their regular work hours to perform these functions.

Note: With a business need and management approval, non-exempt/overtime eligible employees may request a Joyner laptop, Company-Owned Device, or use of a “Secured Application” on a Personal Device. Management MUST provide clear direction to non-exempt/overtime eligible employees regarding work-related phone calls and the performance of work on a Joyner laptop, Company-Owned Device, or Personal Device outside of the employee’s regular work hours.

A Personal Device includes a smartphone, tablet, laptop or desktop computer, or any other non-Joyner equipment capable of connecting to the Joyner network.

A “Secured Application” includes Good for Enterprise, Unified Access Gateway, Citrix, or other similar technology approved by Joyner to access Joyner Information.

If a non-exempt/overtime eligible employee does perform “unapproved” work outside of their regular work hours, the employee still needs to be paid for the time spent performing the “unapproved” work. However, since management did not give their approval for the work to be performed outside of the employee’s regular work hours, the employee is subject to disciplinary action, including possible termination of employment.

End of Overview

General Information

There may be occasions where an employee is asked, or volunteers, or is required to work additional hours beyond his or her regular work day or work additional days beyond his or her regular work week due to business needs or other requirements.

Workweek The workweek for all employees:

Begins on Saturday at 12:01 a.m.

Ends the following Friday at midnight.

Contains 40 work hours in most locations.

Note: Scheduled workdays for employees may differ, as assigned, to meet work needs. For example, some employees may be scheduled to work Monday through Friday while other employees may be scheduled to work Saturday through Wednesday, etc.

Workday The Joyner workday begins at 12:01 a.m. each day and ends 24 hours later at midnight.

The “standard workday” for the majority of full time employees at Joyner is 8 hours plus a 1 hour non-paid meal period.

Note: some employees may work a “Compressed Workweek” such as a 4X10 schedule which may result in the employee working beyond the Joyner “standard workday” on one or more days of the workweek. Even though employees working a “Compressed Workweek” may work more than 8 hours on a particular day or days during the week, their “standard workday” is still considered to be 8 hours plus a non-paid meal period. Any additional hours worked beyond 8 hours in a day by employees with a “Compressed Workweek” are considered “additional hours worked” beyond the “standard workday”.

Regular Rate of Pay Regular rate of pay”, in general, is the employee's compensation rate. For non-exempt/overtime eligible employees, “regular rate of pay” is converted to an “hourly rate of pay” for example, when calculating overtime pay. For exempt employees, “regular rate of pay” is generally expressed as an annual salary.

Overtime Definitions and Rate of Pay Non-exempt Employees: are subject to overtime requirements as a result of federal and state laws. Therefore, non-exempt employees must be paid for any overtime hours worked. These employees are referred to as “non-exempt/overtime eligible” employees throughout this policy.

The overtime rate of pay for non-exempt/overtime eligible employees is their “regular rate of pay” multiplied by 1 ½. In the majority of states, the overtime rate of pay applies to hours actually worked beyond 40 hours in the work week. A limited number of states, such as Alaska and California, also have daily overtime laws. If for example, during the same week when overtime pay is earned an employee is also receiving Bilingual pay and/or Shift Differential pay and/or Location Cost Differential pay, then these additional payments will also be included in the calculation of overtime pay for that particular week.

Timesheet Completion To ensure correct payment of hours worked and to comply with federal and state laws, non-exempt/overtime eligible employees must include their regular hours worked on their timesheet plus any time worked over and above their standard workweek. Specific information regarding timesheet completion is discussed in the Timesheet Completion Policy.

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.

Shift Pay or Shift Differential Shift pay applies only where department needs require more than one shift of employees per day on a long term, i.e., multi-year, continuous basis. See Shift Pay in the Salary Administration section for details.

State Exceptions

One Day Rest in Seven Many states have laws that require employees to have at least one day in a calendar week off from work. Those states that have laws like this are listed below. You should contact Human Resources to learn about your state’s law.

California

Connecticut

Illinois (see additional details below regarding Illinois “One Day Rest in Seven” Act)

Kentucky (If a non-exempt/overtime eligible employee actually works seven consecutive days IN THE SAME WORK WEEK, they are paid at the rate of 1 ½ times their regular rate of pay for all hours worked on the 7th consecutive day of the same work week, as long as the total hours worked for the week exceed 40 hours. However, if the total hours worked for the week, including the hours worked on the 7th consecutive day of the same work week do not exceed 40 hours, then all hours worked on the 7th consecutive day are paid at the employee’s regular rate of pay.)

New Hampshire

New York

Wisconsin (may apply if employee is involved in retail sales activities)

Illinois

Illinois “One Day Rest in Seven” Act

Overview:

The Illinois “One Day Rest in Seven” Act applies to Illinois full time and part time non-exempt/overtime eligible employees who typically work more than 20 hours each week.

In general, the Illinois “One Day Rest in Seven” Act requires non-exempt/overtime eligible employees to have one entire “calendar day” off during each seven day “calendar week”. Each of the seven “calendar days” in a “calendar week” begins at 12:01 AM and ends 24 hours later at 12:00 PM (midnight). For example, the “Monday calendar day” begins at 12:01 AM Monday morning and ends Monday night at 12:00 PM (midnight). For purposes of this Act the “calendar week” begins on Sunday at 12:01 AM and ends at 12:00 PM (midnight) of the following Saturday night.

The Act also applies to non-exempt/overtime eligible Joyner employees from other states while they are working in Illinois.

This Act does not apply to exempt employees

The Act also does not apply to non-exempt/overtime eligible employees who are “needed in case of breakdown of machinery or equipment or other emergency requiring the immediate services of experienced and competent labor to prevent injury to person, damage to property, or suspension of necessary operations”.

Note: The Act does permit employers to submit requests to the Director of the Illinois Department of Labor (IDOL) to allow non-exempt/overtime eligible employees to work on all seven days of a particular calendar week. However, each approved request only permits the employee to work on all seven days of the calendar week for a maximum of two weeks. Additional requests can be submitted throughout the year. However, in general, 8 weeks is the maximum number of weeks each year that an employee will be permitted to work on all seven days of the calendar week. A written request for permits needs to be received by the Director of the IDOL not later than the Friday preceding the first effective day of the permit. Permits totaling eight weeks of the year for any one employee are granted without justification of necessity. The Director of the IDOR, upon granting a permit, will forward to the employer a written confirmation of the permit. Employers are required to retain for two years letters and correspondence pertaining to the permit process. Each department that requests/obtains permits for non-exempt/overtime eligible employees to work on all seven days of the calendar week will need to determine which record series to use for the “permits” that best aligns with the record retention process for their particular area.

Note: Within a particular calendar week that employees have already worked on Sunday and the likelihood exists that the same employees will be working on all seven days of that same calendar week, a telephonic request for a permit can be made, but needs to be received by the Director of the IDOL not later than the Friday of that same week.

The IDOL does have additional latitude to allow certain non-exempt/overtime eligible employees to work 7 days a week for more than 8 weeks in any one year if the IDOL finds that the necessity for particular employees working on their designated day of rest each calendar week cannot be remedied by increasing the number of employees or by adjusting “production” schedules.

Illinois DOL “Request For Permit Form” for employees to work 7 days per week.

“Illinois One Day Rest in Seven” Act “Sunday Work Schedule Posting” Requirements:

The Act requires employers to post, in a conspicuous place, the names of non-exempt/overtime eligible employees, who will be working on Sunday. The posting must also include the full “calendar day” the employee will be off during the same Sunday through Saturday “calendar week” when they do work on Sunday. The other days the employee may be scheduled to work that week do not need to be included on the posting. The “Sunday Work Schedule Posting” should go up by Friday noon listing the employee(s) who are scheduled to work on the upcoming Sunday and also include on the posting the full calendar day each of these employees is scheduled to be off that same calendar week.

The Act does not require the posting of non-exempt/overtime eligible employee’s names/schedules who do not work on Sunday during a particular calendar week.

The Act also does not require the posting of exempt employee’s names who work on Sunday, because the Act does not apply to exempt employees.

A copy of the “Sunday Work Schedule Posting” needs to be retained for three years. Each department that has non-exempt/overtime eligible employees working on Sunday will need to determine which record series to use for the “Sunday Work Schedule Posting” that best aligns with the record retention process for their particular area.

Employee Actions

Non-exempt/overtime eligible employees should correctly complete a timesheet that records all time worked.

Questions about recording time on the timesheet should be discussed with the employee’s management and Human Resources.

Managerial Actions

Managers/supervisors should explain the policy and are responsible for reviewing their direct reports’ timesheets for accuracy and timely submission.

Human Resources Role

As needed, Human Resources should provide assistance to managers and employees in understanding and applying the policy.