Probably a little late to be asking FSLA questions but we've been reviewing our payroll policies as we convert our payroll system and we have a conflict in two FSLA issues. The first seems easy, for 40 hr a week employees, do you include OT in the FSLA test? Example, I work 36 hrs in the first three days, 8 hrs on day 4 and take vacation on day 5. I've worked 44 hrs and should be paid 4 hrs at my FSLA rate, yes or no? I think all hours should be included to determine if the 40 hrs has been met. Any thoughts? How about standby pay? Is standby pay used as an "extra" pay that becomes part of the FSLA rate? We pay 2 hrs standby per week day and 3 hrs per weekend day. If an employee has OT on the same pay period that they are on standby should we be using the standby amount when we calculate the FSLA rate? If I've made the questions clear please give me your thoughts. Ron Nault , City of Tustin, 714-573-3061. Thank you.
