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SUBJECT:
Clarification of the terms “workweek” and “work period” with respect to
Fair Labor Standards Act (FLSA) issues. |
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| 2.0 |
EFFECTIVE DATE:
August 1, 2005 |
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| 3.0 |
DISTRIBUTION:
State HR Directors |
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| 4.0 |
FROM: Jack
E. Rickerson, Director DATE:
August 1, 2005 |
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| 5.0 |
PURPOSE:
This Bulletin clarifies the difference between the terms “workweek” and
“work period” with respect to the compensation practices of the State of
Kansas. |
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| 6.0
| BACKGROUND:
While these terms both appear in both K.A.R. 1-5-24 (Overtime) and 1-9-1
(Hours of Work), neither is currently defined in Article 2 of the
personnel regulations. This Bulletin is for clarification purposes only
and does not make any policy changes as the current policy with respect to
the understanding of the difference between these two terms is correct
under the FLSA. |
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| 7.0 |
PROVISIONS: |
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| 7.1 |
Definitions:
For the purposes of K.A.R. 1-5-24 and 1-9-1, the term:
a) “Workweek” means a fixed and regularly reoccurring period of 168 hours
– seven
consecutive 24-hour periods; and
b) “Work period” refers to any established and regular reoccurring period
of work which cannot be less than seven consecutive days nor more than 28
consecutive days.
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| 7.2 |
Explanation of the use of a workweek as
opposed to a work period: a) Only those employees who specifically
qualify under the FLSA may substitute work periods for a workweek.
b) Within the state workforce, this group consists exclusively of
employees involved in public safety activities (i.e. commissioned law
enforcement officers and firefighters).
c) Pursuant to K.A.R. 1-9-1, most overtime eligible (non-exempt) employees
may rearrange their regularly scheduled hours of work as approved by the
appointing authority, but may only do so within a single workweek.
d) Those employees who are eligible to substitute work periods for
workweeks may rearrange their regularly scheduled hours of work within
that work period.
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| 8.0 |
REFERENCES:
• K.A.R. 1-5-24, Overtime: /ps/documents/regs/art-5.htm#1-5-24
• K.A.R. 1-9-1, Hours of work: /ps/documents/regs/art-9.htm#1-9-1
• The Federal Fair Labor Standards Act (FLSA):
http://www.dol.gov/esa/regs/statutes/whd/FairLaborStandAct.pdf
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| 9.0 |
CONTACT PERSON:
If you have questions about this Bulletin, or believe that you know of a
situation where the distinctions set out above were not utilized
correctly, 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. |
