your talent your time wsi pay and break rules training ... · 1 your talent, your time...

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Your Talent, Your Time

WilliamsWilliams--Sonoma, Inc. Sonoma, Inc. Pay and Break Rules Pay and Break Rules TrainingTraining

June 2015

A MESSAGE FROM LINDA LEWISI wanted to take a moment to thank you for everything you do!

The service you provide to your clients and our customers every

day is so inspiring – you make it happen! Making sure you are

paid for your efforts is an integral part of our People First culture.

This training you are about to take is a key part of the Company’s

Executive Leadership

2Your Talent, Your Time

This training you are about to take is a key part of the Company’s

commitment to help you understand the necessity of accurately

recording all time and expenses.

Therefore, I ask for a commitment from each of you as individuals and leaders in

the organization. Make the guidance in this training a daily practice- to ensure our

associates’ time and talent is valued.

Thank you – we could not do it without you!

Linda LewisEVP, Chief Talent Officer

LEARNING OBJECTIVES

√ Reinforce your understanding of Company pay and break policies

√ Explain your role in managing and recording your time and if you are a

Your Talent, Your Time 3

Key Takeaways for this Training

recording your time and if you are a manager of non-exempt associates, your role in helping to manage and record your associates' time

√ Ensure compliance with federal and state wage and hour laws

OVERVIEW

Williams-Sonoma, Inc.’s pay and break polices:

• Pay associates for all time worked


What You Need to Know

• Keep accurate records of all hours worked

• Provide appropriate meal and rest periods

• Pay for overtime worked

• Pay all reasonable and necessary business expenses

• FLSA is the federal law enacted in 1938 that sets labor standards such as minimum wage and overtime requirements.

• Some states set their own exemption,

THE FAIR LABOR STANDARDS ACT (FLSA)

Labor Standards Law


minimum wage and overtime standards. The law that imposes higher standards generally applies.

• WSI employs “Exempt” and “Non-Exempt” associates. Employees are considered Non-Exempt unless they meet FLSA and state exemption tests.

PAY FOR ALL HOURS WORKED

What is Work Time?

Time worked includes any time you perform work for the benefit of Williams-Sonoma, Inc.

For example, this includes time your spend:

• Checking and responding to work emails and texts

• Waiting to clock in after the start of a scheduled shift

• Traveling to and from work for a special event (outside of your normal commute)


Work Time at Williams-Sonoma, Inc.

• Traveling to and from work for a special event (outside of your normal commute)

• Participating in work-provided training courses

• Attending meetings, Town Halls, Service Award celebrations

In Stores:

• Shopping for supplies/groceries

• Waiting for a bag check or store closing (more than 5 minutes)

• Making bank deposits

• Preparing for and completing an in-home appointment

• Traveling to and from an in-home appointment

RECORD KEEPINGKeeping accurate records of all time worked is your responsibility

Non-Exempt associates must:

• Clock in and out for your shifts and meal periods

• Request and complete an adjustment if you are unable to use the Company record keeping systems, for example when you are working off-site or working from home



working from home

• Request and complete an adjustment if you forgot to clock in or out or made a mistake

Associates are responsible for reporting and recording all time worked.

Exempt associates must:

• Accurately reflect time worked in the Company’s record keeping systems


Managers of Non-Exempt associates must:

• Pay Non-Exempt associates for work you know about or have reason to know about, even if the work was performed without your approval, you learned of it later, it occurred before or after the associate clocked in/out, or was performed voluntarily.



was performed voluntarily.

• Provide associates with adjustment forms to capture time worked when timekeeping systems are unavailable

• Audit, edit and correct any missing punches or days worked of their Non-Exempt associates.

• Routinely review and approve all Non-Exempt associates hours using the Company’s record keeping systems.


Managers of Non-Exempt associates must:

• Remind your associates to let you know when they work through lunch.

• Not email or text Non-Exempt associates during non-scheduled hours. If it is not during scheduled hours and it is business critical, make sure the



is not during scheduled hours and it is business critical, make sure the associate records their time and is paid for it.

Note: Managers who allow associates to work off the clock or who manipulate time keeping records will be subject to disciplinary action, up to an including termination.


Non-exempt associates may not:

• Perform work without recording time and receiving pay

• Work from home without the approval of your manager *

• Work overtime hours without the approval of your manager *


Non-Exempt Associates

• Work overtime hours without the approval of your manager *

• Allow a co-worker to clock in or out for you or clock in or out for anyone else

• Alter or falsify your time records

* You will be paid for all hours worked , but working from home or overtime without your manager’s approval may result in disciplinary action, up to and including termination.

MEAL PERIODS

You must always clock out for a meal period and clock back in when your meal period is over.*

• You are relieved of all work duties during meal period.

• You are free to leave the work premises during your meal period.

• Meal periods and rest periods are separate, and may not be combined.



• You may not leave early instead of taking a meal period.

• If you cannot take a 30 minute uninterrupted meal period, you must tell your manager immediately. If you do not tell your manager, he or she may assume that you took your full meal period or voluntarily decided not to.

*(Stores only) If you are working away from the store (e.g. on an in-home appointment), you must take and record the meal period on an adjustment form.

REST PERIODS

• Rest periods are paid breaks. You do not clock out for them.

• You are relieved of all work duties during rest periods.

• Rest periods should be taken in the middle of a work shift, whenever possible.





• Rest periods may not be combined or taken at the end of your shift.

• If you cannot take a rest period, you must tell your manager immediately. If you do not tell your manager, he or she may assume that you took a rest period or voluntarily decided not to.

MEAL PERIODS

Location Hours Workedin a Day

Unpaid Meal Period

California, Colorado, Kentucky, New Hampshire, Washington and Canada

5 + Hours10 + Hours

30 minute unpaid Meal Period2 x 30 minute unpaid Meal Periods



All other States 6 + Hours12 + Hours

30 minute unpaid Meal Period2 x 30 minute unpaid Meal Periods

REST PERIODS



Location Hours Worked in a Day Paid Rest Period

CA 3.5 to 6 Hour Shift 1 x 10 minute paid Rest Period

Over 6 and up to 10 Hour Shift 2 x 10 minute paid Rest Period


CO, KY, NH, WA and Canada

3.5 to 8 Hour Shift 1 x 10 minute paid Rest Period


Over 12 and up to 14 3 x 10 minute paid Rest Period

All Other States

4 to 8 Hour Shift 1 x 10 minute paid Rest Period

Over 8 and up to 14 2 x 10 minute paid Rest Period

CALIFORNIA MEAL AND REST PERIODS


Presentation Name 15

Hours Worked Unpaid Meal Period (30 minutes)

Paid Rest Period (10 minutes)

0 to 3.49 None None

3.5 to 4.99 None (1) one

5.00 to 5.99 (1) one (1) one5.00 to 5.99 (1) one (1) one

6.00 to 9.99 (1) one (2) two

10.00 to 13.99 (2) two (3) three

Timeclock punch? Yes. Associates punch out and in for a meal period.

No. Associates do not punch out or in for rest period.

CO, KY, NH, ND, WA and CANADA

MEAL AND REST PERIODS





0 to 3.49 None None

3.5 to 4.99 None (1) one


8.00 to 9.99 (1) one (2) two

10.00 to 11.99 (2) two (2) two

12.00 to 13.99 (2) two (3) three



ALL OTHER STATES





0 to 3.99 None None

4 to 5.99 None (1) one


8.00 to 11.99 (1) one (2) two

12.00 to 13.99 (2) two (2) two



CALIFORNIA PREMIUM PAY*

Circumstance Premium Pay

If the manager does not provide a compliant meal period

Pay 30 minutes (time worked) PLUS an additional 1 hour of pay (meal period premium)

If at any time during the meal period the associate is not allowed to leave work, asked to work, not given

Pay 30 minutes (time worked) PLUS an additional 1 hour of pay



not allowed to leave work, asked to work, not given the full 30 minutes, not relieved of all duties, interrupted, not given the meal period on time (starts before the end of the 5th hour)

PLUS an additional 1 hour of pay (meal period premium)

OVERTIME*

States Hours Worked Overtime

CA > 8 Hours worked in a day> 12 Hours worked in a day> 40 Hours worked in a week**7th Consecutive worked day in a workweek***

1.5 x Regular Pay2 x Regular Pay1.5 x Regular Pay1.5 x Regular Pay



Most other States****

> 40 Hours worked in a week 1.5 x Regular Pay

* For purposes of calculating overtime, time off with pay such as vacation time, sick time or floating holidays does not count as hours worked.** Williams-Sonoma, Inc.’s workweek is Monday thru Sunday.*** The 7th consecutive worked day in a workweek is defined as work on a Sunday after working the preceding Monday thru Saturday.**** For NV and CO, please contact your manager for your state’s overtime rules

BUSINESS EXPENSE REIMBURSEMENTWilliams-Sonoma, Inc. will reimburse you for business expenses you must incur to perform your job. If you are not sure whether or not your expense is reimbursable, contact your manager.

For example:

• Mileage reimbursement when you must travel for work beyond your normal



• Mileage reimbursement when you must travel for work beyond your normal commute. Reimbursement will be at the current per mile rate when using personal vehicles for business travel.

• Supplies you are asked to purchase for your store, department or work area.

• Expenses/groceries related to a event, such as a holiday party or cooking demonstration.

If you need to be reimbursed for an approved business expense, your manager will show you how to get reimbursed

REAL LIFE MEAL AND REST BREAKSQuestion:

You are working feverishly and feeling the pressure to meet deadlines when you discover that your scheduled meal period is coming up in five minutes. What should you do?

A. Skip your meal period and keep working to meet your deadline without



A. Skip your meal period and keep working to meet your deadline without telling your manager.

B. Let your manager know that your meal period is coming up in 5 minutes and ask him or her what he or she wants you to do.

C. Postpone your meal period until you have a handle on your work, without telling your manager.

D. Take your meal period in the break room and use the time to catch up on your work.

REAL LIFE MEAL AND REST BREAKSAnswers:

A. Skip your meal period and keep working to meet your deadline without telling your manager. No. If you are unable to take your meal period for any reason, you must tell your manager.

B. Let your manager know that your meal period is coming up in 5 minutes and ask him or her what he or she wants you to do. Yes. This is the correct response.

C. Postpone your meal period until you have a handle on your work, without telling your



C. Postpone your meal period until you have a handle on your work, without telling your manager. No. If you cannot take your meal period at the scheduled time, you must tell your manager. Sometimes it is appropriate to delay a meal period, but the Company wants you to take your meal periods on time, as often as possible. Only your manager can decide if it is necessary to postpone.

D. Take your meal period in the break room and use the time to catch up on your work. No. You may never perform work during your meal period, and you may not work off-the-clock under any circumstances.

REAL LIFE RECORD KEEPING

Question:

You just clocked out and are leaving when you are asked to help with a quick project or are stopped by a customer asking for help selecting a product. What should you do?

A. Help with the project as quickly as possible because it’s okay to help as long as you don’t work off-the-clock for too long.



don’t work off-the-clock for too long.

B. Tell the person you are off work for the day, but offer to get help from a nearby associate who can assist.

C. Ask your manager if it is okay to clock back in so you can help with the project.

D. Ask a co-worker to clock you back in so you can assist with the project.

REAL LIFE RECORD KEEPINGAnswers:

A. Help as quickly as possible because it’s okay to help as long as you don’t work off-the-clock for too long. No. It is never okay to work without pay.

B. Tell the person you are off work for the day, but offer to get help from a nearby associate who can assist. Maybe. So long as the situation doesn’t cause you to violate Company policies.

C. Ask your manager if it is okay to clock back in so you can help with the project. Yes. If



C. Ask your manager if it is okay to clock back in so you can help with the project. Yes. If you would like to do so and are able to stay to help, this is the process you should follow. You must be paid for all time worked.

D. Ask a co-worker to clock you back in so you can assist with the project. No. Having a co-worker clock you in violates Company policy. You must have your manager’s permission to clock back-in.

REAL LIFE RECORD KEEPINGQuestion:

You clocked out at the end of your four hour shift. As you are leaving, you stop and chat with a co-worker for 10 minutes about your upcoming vacation. You then decide to purchase something to snack on. By the time you are ready to leave, you realize it has been 20 minutes after you clocked out. What should you do?

A. Request to get paid for the 10 minutes you spent talking with your co-worker after



A. Request to get paid for the 10 minutes you spent talking with your co-worker after you clocked out.

B. Request to get paid for the 10 minutes you spent purchasing your snack after you clocked out.

C. Request to get paid for the 20 minutes you spent talking and getting your snack after you clocked out.

D. Leave work after you make your snack purchase without requesting the 20 minutes you spent after you clocked out.

REAL LIFE RECORD KEEPING

Answers:

A. Request to get paid for the 10 minutes you spent talking with your co-worker after you clocked out. No. The time you spent talking to a co-worker is not work time and should not be recorded.

B. Request to get paid for the 10 minutes you spent purchasing your snack after you clocked out. No. The time you spent making a purchase is not work time



clocked out. No. The time you spent making a purchase is not work time and should not be recorded.

C. Request to get paid for the 20 minutes you spent talking and getting your snack after you clocked out. No. The time you spent in this scenario – talking and purchasing a snack – is not work time and should not be recorded.

D. Leave work after you make your snack purchase without requesting the 20 minutes you spent after you clocked out. Yes. This is the correct answer because the 20 minutes you spent talking to a co-worker and purchasing a snack is not work time and should not be recorded.

REAL LIFE OVERTIMEQuestion:

You are experiencing a heavy work load due to someone calling in sick and have more work than usual. You work two hours over your regular 40 hour work week. You didn’t seek permission for this overtime but were willing to work the overtime to help out. Does Williams-Sonoma, Inc. have to pay for the two hours overtime you worked, since it was voluntary?



overtime you worked, since it was voluntary?

• Yes or No?

REAL LIFE OVERTIME

Answer:

• Yes. It does not matter whether the overtime was voluntary and was done by the associate to “help out” during a busy time. Williams-Sonoma, Inc. is obligated to pay overtime to any Non-Exempt associate who worked over 40 hours in a work week –regardless if the associate sought prior approval.



regardless if the associate sought prior approval.

REAL LIFE BUSINESS EXPENSES

Question:

You are scheduled to attend go to a client/vendor appointment. While you only live one mile away from your work location, you want to leave for the event from your home rather than punch in at work because the client/vendor is 10 miles in the opposite direction.


All Associates

• True or False: You are entitled for reimbursement for your mileage to and from the event?

• True or False: You should record the time you spent driving to and from the event?

REAL LIFE BUSINESS EXPENSES

Answers:

• True or False: You are entitled for reimbursement for your mileage to and from the event? True. You will be reimbursed for your mileage when you travel on Company business outside your normal commute. Track your mileage and ask your manager to show


All Associates

commute. Track your mileage and ask your manager to show you the process to get reimbursed. Always discuss your schedule with your manager in advance.

• True or False: You should record the time you spent driving to and from the event? Yes. Time spent driving to and from the event is considered time worked and must be recorded.

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