Okla. Admin. Code § 340:105-10-122

Current through Vol. 42, No. 7, December 16, 2024

Section 340:105-10-122 - Fair labor practices for Area Agencies on Aging and Title III projects

(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.

(d)Cross references. See OAC 340:105-10-117, 340:105-10-120, and 340:105-10-121.

Okla. Admin. Code § 340:105-10-122

Added at 11 Ok Reg 673, eff 11-29-93 (emergency); Added at 11 Ok Reg 2771, eff 6-13-94; Amended at 21 Ok Reg 898, eff 4-26-04; Amended at 22 Ok Reg 20, eff 8-15-04 (emergency); Amended at 22 Ok Reg 915, eff 5-12-05