What You Need to Know About Summer Flex Time

By: Robert W. Small

With Memorial Day behind us and summer recess just ahead for schools, Employers can expect to receive requests for more flexibility in work schedules. This usually takes the form of allowing workers to extend regular work hours Monday through Thursday to be able to leave work early on Friday. A variety of reasons, some good, some not, are offered for adopting “Flex Time Hours” during the summer. Each Employer must weigh the advantages such as improved employee morale, more attentive and more productive employees, against disadvantages such as the need to address customer needs and production deadlines. Flex time also poses the risk with non-exempt employees of not correctly recording time or inadvertently incurring overtime pay obligations.    

Employers should not engage in granting flex time on an ad hoc basis. Doing so runs the risk of not recording time properly, not having employees available when needed and claims of discrimination both in violation of anti-discrimination laws and merely of a type that shows favoritism that is not illegal, but will adversely affect morale. 

Employers who wish to permit flex time should adopt a formal plan that states how flex time will be determined, when extra hours can be worked to allow for early dismissal on a Friday, notice requirements and the need for supervisor approval. Supervisors should be trained on approving or denying flex time on any given occasion both to assure that the employer’s needs are met, overall fairness and to avoid claims of discrimination.

The lawyers of Reger Rizzo & Darnall’s Employment Practices Group can assist in drafting an appropriate Flex Time Policy for Employers and training supervisors in its administration.

If you have any questions, or would like additional information, please contact Bob Small, Partner in Reger Rizzo & Darnall’s Employment Practices Group,  at 215.495.6541, or via email at rsmall@regerlaw.com.

This newsletter is designed to keep you up-to-date with changes in the law. For help with these or any other legal issues, please contact Reger Rizzo & Darnall LLP.  The content of this newsletter is intended solely for your informational purposes. It does not constitute legal advice, and it should not be relied on without a discussion of your specific situation with an attorney.