Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 10 - Policies and Procedures Manual for Title Iii of the Older Americans Act of 1965, as Amended › Part 9 - FISCAL AND ADMINISTRATIVE POLICIES FOR AREA AGENCIES ON AGING AND TITLE III PROJECTS › Section 340:105-10-122 - Fair labor practices for Area Agencies on Aging and Title III projects

Current through Vol. 41, No. 20, July 1, 2024
(a)
Policy.
Area Agencies on Aging and Title III projects comply with
				  fair labor practices as outlined in applicable state and federal
				  statutes.
(b)
Authority.
The authority for this Section is Part 1321.11 of Title
				  45 and Part 553.20 of Title 29 of the Code of Federal Regulations.
(c)
Procedures.
The requirements
				  for implementing this Section are outlined in (1) through (10) of this
				  subsection.
(1) An employee is compensated for
				  hours worked at the appropriate wage unless the position is an exempt
				  executive, administrative, or professional position.
(2) An employee may not perform volunteer
				  activities for an employer that are the same or similar to the employee's job
				  duties. Such activities are compensated as hours worked.
(3) The employer is responsible for:
(A) assigning employee work hours and
				  supervising employee start and end times; and
(B) compensating the employee for all hours
				  the supervisor assigns to the employee and has reasonable knowledge that the
				  employee works.
(4) A
				  non-exempt employee who is full-time is given at least a 30 minute
				  uninterrupted break from compensated work time for a meal. An employee is
				  offered a 15 minute break during compensated work time for every four hour
				  period worked. Break time is considered compensated work time and may not be
				  used for arriving late, leaving early, or extending the lunch period.
(5) A non-exempt employee of a public agency
				  who works in excess of 40 hours within a seven day work period is compensated
				  with one and one-half hours of compensatory time per hour of overtime or paid
				  at a rate of one and one-half times the hourly wage for each hour of overtime.
				  A public agency is a state, political subdivision of a state, or interstate
				  governmental agency.
(6) A
				  non-exempt employee of a private agency who works in excess of 40 hours within
				  a seven day work period is compensated with one and one-half hours of pay at a
				  rate of one and one-half times the hourly wage for each hour of overtime. A
				  private agency may not replace overtime in one work week with compensatory time
				  in another week.
(7) All overtime
				  is approved in advance by the employee's supervisor. The supervisor may adjust
				  the employee's regular work schedule to avoid having the employee work in
				  excess of 40 hours in a seven day work period. Employee work shifts may exceed
				  eight hours per day.
(8) Employers
				  of public agencies require the employee to use compensatory time within 180
				  days, or pay the employee at the appropriate overtime rate.
(9) An employee who fails to adhere to
				  assigned working hours, does not keep accurate time sheets, or claims
				  unauthorized overtime is subject to disciplinary action by the employer, which
				  could result in termination of employment.
(10) Employers who base employees out of
				  their own homes do not give out the employee's home telephone number to the
				  general public. Arrangements are made to have a telephone number at a
				  convenient location for the employee to take calls. An emergency response
				  telephone number and procedure are established to avoid having persons
				  contacting employees during non-working hours. The employee reports to the
				  employer all contacts during non-working hours that are business
				  related.