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| 1.0 |
SUBJECT: FLSA and Compensatory Time |
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| 2.0 |
EFFECTIVE
DATE: June 6, 2000 |
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| 3.0 |
DISTRIBUTION: Agency Human Resource Managers |
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| 4.0 |
FROM: Bobbi J. Mariani, Acting Director
DATE:
June 6, 2000 |
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| 5.0 |
PURPOSE: To
clarify that it is not a violation of FLSA for an employer to require an
employee to use accrued compensatory time. |
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| 6.0 |
BACKGROUND:
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Pursuant to the U.S.
Supreme Court's May 1, 2000, ruling in Christensen v. Harris County,
there is nothing in the FLSA or its implementing regulations that
prohibit an employer from requiring employees to use accrued
compensatory time.
K.A.R. 1-5-24(e)(5)(C) allows the
appointing authority to require the use of compensatory time within a
reasonable period after receiving notice of such a requirement.
The notice to the employee shall include the length of time in which a
specified number of hours are to be used. This subsection of
K.A.R. 1-5-24 is in compliance with the Supreme Court decision.
Agencies should use good judgment regarding the the time allowed
for employees to use their compensatory time. In addition,
agencies should follow provisions set forth in their Memorandums of
Agreement regarding compensatory time agreements with employee
organizations.
This bulletin supercedes the Division
of Personnel Services memo dated April 11, 1997 regarding FLSA issues.
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| 7.0 |
REFERENCES: K.A.R.
1-5-24. |
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| 8.0 |
CONTACT
PERSON: Please contact Ken Otte at ken.otte@da.ks.gov or (785)296-4383 or Danelle Harsin at danelle.harsin@da.ks.gov or (785)296-6895. |
Page last modified on:
June 22, 2007
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