Audra,

Thanks very much for the clarification of FLSA rules and also for your
valuable perspective as a current IMLS reviewer!

Lucy

Audra Oliver wrote:
>
> Hello Marianna & Lucy,
>
> The question couldn't be more timely for me as this year's bundle of GOS
> applications included several with FTEs claimed. I don't remember this
> happening in previous years.  Although this raised a number of questions for
> me, I thought that IMLS determined the eligibility and did not raise it as a
> question to them.  What I looked for as a reviewer was if there was someone
> in charge the equivalent of 35 to 40 hours a week.  I wanted that FTE (one
> or two people assigned or sharing management duties) to have their
> qualifications fully explained.  I also want the arrangement spelled out.
> At least one application that I considered very strong had only part-time
> help.
>
> While one might be tempted to claim to volunteer for a portion of the FTE,
> not only does that make many of us blanche but it is a pickle in another
> respect. According to human resource specialists at a workshop I attended a
> few years back, the Fair Labor Standards Act prohibits an organization
> accepting volunteer time from an employee on a regular, recurring basis.
> Whether that volunteering is voluntary or not and certainly if it is in the
> employee's regular line of work, the employer must pay that person and cover
> the benefits. To avoid paying overtime or time for extra hours, the position
> must be classified as exempt or the hours worked must be non-recurring,
> irregular and outside of the regular line of work/department. I'm not sure
> if one can classify a part time position as exempt. Perhaps a human resource
> person could weigh in on the issue of employees as volunteers.
>
> I would be interested in hearing from IMLS on the issue of  FTE and
> certainly from others who have wrestled with the FTE question in this
> regard.
>
> Good morning,
> Audra Oliver
>

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