Legal Question in Employment Law in Virginia
Fair Labor Standards Act
I'm a secretary for a school system. Our time is tracked to the second through a time clock system. In the past, our immediate supervisor was allowed to set our daily work hours. We work an 8 hour day and most work 8am to 4:30pm. Some were allowed to vary their hours to help with certain office duties (phone, etc) that needed to be taken care of starting at 7am...then they could clock out at 3:30 instead of 4:30. Our yearly contracts state that our hours and duties are set by our immediate supervisor. Now we have been told that ''the Fair Labor Standards Act requires non-exempt employees to be treated in a consistent manner in order to avoid discrimination claims against the employer''. Despite our contracts stating that our hours are to be set by our Principal/Supervisor, etc, Central Office is now requiring us to only work 8 - 4:30 regardless of the needs of the school.
Are they interpreting the Fair Labor Standards Act correctly?
1 Answer from Attorneys
Re: Fair Labor Standards Act
What you've described seems quite consistent to me under any FLSA provision which may require such with respect to the treatment of non-exempt employees of your school system.
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