Bulletin 00-01 - FLSA and Compensatory Time

1.0 - SUBJECT: FLSA and Compensatory Time

2.0 - EFFECTIVE DATE: June 6, 2000

3.0 - DISTRIBUTION: Agency Human Resource Managers

4.0 - FROM: Bobbi J. Mariani, Acting Director DATE: June 6, 2000

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.

6.0 - BACKGROUND:

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.

7.0 - REFERENCES: K.A.R. 1-5-24.

8.0 - CONTACT PERSON: Please contact Danelle Harsin at danelle.harsin@ks.gov or (785)296-4383.