DOL Rules & Regs Student/Adjunct Staff Employee Timesheets

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August 2011
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Thank you for Attending!
 We will be discussing Adjunct Staff & Student Hourly
Employees
 Employees who must track all of their hours worked and who
must be paid overtime for working over 40 hours in a one
week period.
 **All employees must complete a Form I-9 and W-4 upon
employment and before the employee can be paid.**
 Time Sheet completion has to follow NH and Federal
Department of Labor Rules & Regulations, as well as the
Federal Fair Labor Standards Act.
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Agenda
 Important Regulations
 Recordkeeping Requirements
 Lunch or Eating Period
 Required Pay
 Payment of Wages

Payroll Advance Process – The Exception!
 Sunday Work, Day of Rest
 Time Sheet Completion
 What information is important to enter on time cards
 Common Errors on Time Sheets
 Q&A
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NH RSA 279.27 and RSA 275:49
Recordkeeping Requirements
 Each employee must accurately enter the time they come in,
leave and return for a lunch period and clock out at the end of
the day.
 NH: “Record payroll information so that time records, showing the
time work began and ended including any bonafide meal periods,
shall support individual pay sheets and that payroll sheets, in turn,
shall support canceled checks or cash receipts”.
 It is important to understand that the DOL also states that every
employee should know what he/she is going to be paid for at the
end of each pay period. This means employers cannot arbitrarily
change time sheets when they come in to be entered.
 NH: “Require that time records with entries that are altered shall be
signed or initialed by the employee whose record was altered”.
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Time Sheet
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NH RSA 279.27 and RSA 275:49
Recordkeeping Requirements
 All time sheets must have:
 the employee signature stating that the time card is an
accurate accounting of the time that they have worked.
 the signature of the supervisor acknowledging that they have
reviewed the time sheet and it is an accurate accounting of
the time worked.
 We (you or I) do not have the right to alter the time sheet
without employee permission. The employee must initial
any changes to the submitted time sheet – even addition
errors.
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NH RSA 275.30-a
Lunch or Eating Period
 NH: “An employer may not require an employee to work more than
5 consecutive hours without granting him/her a ½ hour lunch or
eating period, except if it is feasible for the employee to eat during
the performance of his/her work, and the employer permits
him/her to do so”.
 Plymouth State University (PSU) does have a “Request to Waive
the Lunch or Eating Period” waiver form (designed by DOL) for
staff who may, on occasion, choose or need to work through their
lunch/eating period.
 The employee would be paid for their hours worked and simply
need to complete and sign a “Waiver” and have the supervisor sign
their approval.
 Sometimes an employee thinks they have to clock out for a lunch
period that they don’t take. Make sure that the employee
enters all of the hours that they work on their time sheet.
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Request to Waive the Lunch or
Eating Period
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REQUEST TO WAIVE THE LUNCH OR EATING PERIOD
RSA 275:30-a Lunch or Eating Period. – An employer may not require an employee to work more than 5 consecutive
hours without granting him a ½ hour lunch or eating period, except if it is feasible for the employee to eat during the
performance of his work, and the employer permits him to do so.
____________________________________________
(Employee Name)
_________________
(Last 4 digits of SS#)
I understand that my employer, Plymouth State University, offers a lunch or eating period as defined in RSA 275:30-a. I
am requesting not to take this time as offered. I also understand that at any time I wish to take the lunch or eating
time, I will be allowed to do so.
____________________________________________ ____________________________
Employee Signature
________________________________________
Supervisor Signature
Date
______________________________
Date
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NH RSA 275:43-a Required Pay
 NH: “On any day an employee reports to work at an
employer’s request, he shall be paid not less than 2 hours’
pay at his regular rate of pay; provided, however, that this
section shall not apply to employers of counties or
municipalities, and provided further that no employer who
makes a good faith effort to notify an employee not to
report to work shall be liable to pay wages under this
section. However, if an employee reports to work after the
employer’s attempt to notify him has been unsuccessful or
if the employer is prevented from making notification for
any reason, the employee shall perform whatever duties are
assigned by the employer at the time the employee reports
to work”.
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Less Than 2 Hour Acknowledgement
 I acknowledge and understand that certain shifts in the
_______________________ Department are less than two
hours in length. I agree to work these particular shifts and
understand that my pay will be for the actual amount of
time worked. I also understand that this
acknowledgement formally notifies me in advance of the
less than two (2) hour work opportunity and schedule.
 ____________________________
Signature
________________
Date
 ____________________________
Printed Name
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NH RSA 275:43 Payment of Wages
 NH: “Every employer shall pay all wages due to employees
within 8 days including Sunday after expiration of the pay
period in which the work is performed.”
 A late timesheet is not an excuse for non payment of wages
due according to the DOL. The DOL states that the
supervisor should know what hours the employee is
working and therefore the employee should be paid for
those hours.
 For example: Pay period ending Friday, August 5th, 2011 would
require the employee being paid no later than Saturday,
August 13, 2011.
 The employer should set a clear expectation with the
employee when time sheets are due for entry.
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Payroll Advance Process:
 Payroll advances should be the exception and not the
normal way of paying wages.
 Payroll advances cause a hardship to the employee and are
NOT cost effective for the University. Many people are
involved when an advance is required, and additional
required transactions increase the likelihood of errors and
cause confusion to the employee.
 Payroll advances must be requested by the Supervisor and
not the employee.
 The supervisor should provide a signed time sheet and a
detailed reason for the payroll advance request.
 Any issue an employee brings to Human Resources
relating to their pay will be referred back to the supervisor.
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Payroll Advance Process cont:
 The employee must bring a photo identification with them to HR when
they come to pick up their check and they will have to sign receipt of
the check.
 You must remember to add the Retro hours (Code 156) into the next
pay period for any advances that do occur so that the employee receives
the correct amount of pay on their next check. Overtime hours are
entered by multiplying the number of hours times 1.5 and the total
(Straight) hours are entered through Code 157. The system will not
calculate the time and half hours for you!
 A suggestion would be to note, on the time sheet and in Banner
(notation is required), that an advance occurred and why. In case of an
audit the explanation is readily available. Example: Late time sheet,
missing Form I-9, advance requested, with initials of person making
the notes on the time sheet or person entering payroll.
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Time Sheet Completion
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NH RSA 275:32 Sunday Work and
NH RSA 275:33 Day of Rest
 Sunday Work – An employer cannot require an
employee engaged in any occupation to do work on
Sunday the usual work of his occupation, unless he is
allowed during the 6 days next ensuing 24 consecutive
hours without labor
 Day of Rest: The employee understands that they are
entitled to a day of rest within the next six consecutive
days
 In other words; each employee must be allowed a day
off of work after working six consecutive days.
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Time Sheet Completion:
 On the time sheet, fill-in “Begin Date: _________
for Week 1 and Week 2
 Then, the employee must enter the hours, with
the times in and out, that they actually work.
 A total for each day must be entered in the “Daily
Total Hours”.
 The Weekly and Pay Period Totals must also be
completed.
Errors: The employee must put a line through an
entry needing correction, enter the correct
information and then initial any and all changes.
(No white out or correction tape)
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Time Sheet Completion
 The employee must sign and date their time sheet upon
completion.
 The supervisor must then sign and date the time sheet
approving and acknowledging the hours worked by the
employee.
 Overtime:
 OT = The payroll system will automatically pay time and a
half if the hours worked are over 40 hours in a one week
period. OT is not paid for time worked over 8 hours in one
day. Exception is when you pay overtime through a retro
entry – you must multiply the hours by 1.5 and enter the total
hours under Code 157.
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Examples of Time Sheet Entry Issues
 Year Missing
 Pay Period # Missing
 Timesheet Org Missing
 Pay Period End Date Missing
 Employee Class Missing
 Week 1 & 2 Begin dates are Missing
 Week 1 Total Missing
 Pay Period Total Missing
 Expense Distribution information is missing Employee did not date when completing time sheet
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Examples of Time Sheet Entry Issues
 Supervisor did not sign and date the time sheet
 Time sheet completed in pencil – must be in ink
 Employee worked more than five (5) hours without lunch
break – Waiver completed?
 Cross outs on the time sheet – simply put a line through the
error, correct and initial it – problem solved.
 Paid to minute where we adjust to quarter (.25) hours
(Example 8:07 and less would be 8:00 and 8:08 and more
would be 8:15). This is a good conversation to have with the
employee.
 **Addition errors – this can easily be resolved by going to HR
website and downloading the fill-in/electronic version of the
timesheet and having the employee complete it and email it
to you.
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Examples of Time Sheet Entry Issues
 Example 1: Week 1 shows the incorrect way to enter
your time – Arrows, ditto marks, missing info on top
portion of the time sheet.
 Week 2 shows correct way to enter your time but is still
missing supervisor signature and date. Back of this
sheet is the correct version of this time sheet.
 Example 1-B: On example 1 there were two days where
Shirley only worked one hour – is there a 2 Hour
Waiver completed for Shirley?
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Examples of Time Sheet Entry Issues
 Example 2: Shirley worked more than 5 hours without
a break. Is there a Lunch Waiver completed for this
employee?
 Example 3: Year is missing – Employee Class is not
checked off - date employee signed is missing.
 Addition error on Monday in the first week – she worked
3.0 hrs not 2 hrs that day – resulting in all the totals
being wrong going across – initials needed at all
changes. This is where the fill-in time sheet is so handy.
 Also worked more than six days without a day of rest –
DOL violation.
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Examples of Time Sheet Entry Issues
 Example 4: Time crossed out on time sheet; Monday
crossed out – didn’t work? – initials please. This does make
the addition correct.
 Time changed on Wednesday of the second week – all those
places changes were made need to be initialed.
 Worked more than six days without a day of rest – DOL
violation….
 Example 5: Shirley enter odd minutes on her timesheet;
Wed 1st wk is okay (3 minutes), Thurs 1st wk needs to be
rounded to 1.75 hrs not 1.67, Sat of 2nd wk works out to
exactly 6 hrs so okay but Sun 2nd wk should be 5.75 hrs not
6 hrs – 9:10 is beyond 9:08. All changes will need to be
initialed.
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for attending!
 Is there any area that you wanted to discuss that we haven’t?
 Any other questions?
 Feel free to contact us with any future questions.
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