Salaries and Wages

Unless a union contract or other binding document says otherwise, an employee can ALWAYS be converted from “salaried” (meaning they get paid an incrementally doled out annual salary) to “hourly” (meaning they get paid by the hour).

Employees should never be paid less than the applicable minimum wage unless there is a rock-solid reason to declare them exempt from both minimum wage and overtime laws. So long as an employer is keeping accurate payroll records and paying employees in a timely manner, anyone (whether attorneys, librarians, or dentists) can be paid hourly, so long as they are being paid whatever minimum wage applies.

Okay, thanks for a great question! I—wait, you have a follow-up?

Wow. That sounds so simple! So, what is the big deal about “exempt professionals” and such?

Oh, wow. That’s a much bigger question. I could write a book on that.

But I’ll boil it down to seven short paragraphs:

Depending on their duties and salary, some librarians, museum curators and other highly educated employees can be considered “learned professionals,” “professionals,” “executives,” or “administrators” under federal and state labor laws.

Because some librarian job descriptions and rates of compensation can fall into these categories, there is a myth that ALL of them do. This is simply not true; in New York State, the only way a position can fall into the “exempt” category is for it to meet the requirements for exemption under applicable federal regulations AND applicable state regulations.

The confusion about “professionals” being exempt is not made easier by the fact that the federal government uses the categories “creative professional” and “learned professional” (which both have a minimum salary of $684 dollars per week), while the state government has just one “professional” category (which does not have a salary requirement). Under state law, the work of professional employees must be “of such a character that output produced or the result accomplished cannot be standardized in relation to a given period of time.”

In other words, if a library director is required to be on site for certain hours (say, to open or close the library), the director is not an exempt professional, because an aspect of their work can be “standardized in relation to a given period of time.” This means that such a director could fall into the “executive” or “administrative” category, which both have minimum salaries (at least $1,161.65 per week on and after January 1, 2025, or more for downstate counties).

This baseline salary requirement is why some libraries (especially association libraries) may want to consider paying some librarians hourly, rather than considering them exempt from minimum wage laws.

I appreciate why this might sound-counterintuitive; practically speaking, librarians are without question “professionals,” and librarianship is without question a “profession.” However, as shown above, being a professional doesn’t mean a librarian’s job description will match up with an exempt category under state or federal regulations.

What all this “exempt” and “non-exempt” business is about, at the end of the day, is fairness. If an employee is being compensated fairly (meaning that the money is in line with what people doing similar work under similar circumstances are earning), being paid hourly because your job description doesn't qualify as a professional exempt from minimum wage and overtime laws (state or federal) can be a good thing. It means you cannot be required to work more than 40 hours a week without being paid overtime,[1] which helps set boundaries for a job that truly can never be “done.” Our value is not set by our Department of Labor status.

Thank you for a great question.

Before I answer, let’s confirm: sometimes, base pay (hourly wage or salary) is the only compensation an employee gets, while sometimes, compensation is base pay plus a robust combination of benefits.

For example, a person earning $20 dollars per hour with no benefits might not be better compensated than a person who earns $17 dollars per hour but also gets on-site childcare, sick leave beyond what is required by law, a family health insurance plan, 21 days a year of paid vacation, and tuition assistance for professional development.

How does a public library, with an obligation to properly steward use of taxpayer funds and a fiduciary duty to make decisions based on the best interests of the library, decide what to offer as compensation?

The answer is this: a public library’s approach to compensation should always be based on a library board’s “compensation strategy”—the approach the board takes to using compensation and benefits to achieve the library’s mission.

When developing a compensation strategy, a library board should be thinking:

• What type of workforce does our library need?
• What combination of base pay and benefits will attract, retain, and develop that workforce?
• What key performance indicators show our compensation strategy is working?
• What external baseline and best practice data should we be gathering to periodically evaluate our compensation strategy?
• How can we demonstrate the value of these costs to the public?

A public library’s compensation strategy should not be a stand-alone resolution or isolated policy. Signs of it should be seen in budgets, annual reports, committee work, and reports to the community—all signs that a library is thinking about how to nurture its most important resource: people.

Which brings us to the member’s question: “Can you also speak to the potential downsides of choosing to pay less than the NYS minimum wage and minimum exempt salary if you discover you are allowed to do so?”

Yes, I can, and my answer is rooted in what can happen when a public library makes decisions about compensation strategy based on a “how low can we go?” approach, rather than the above-listed factors.

We won’t get into all the downsides, but here are the legal risks posed by paying as little as you can legally get away with:

1. Discrimination claims

When people are not paid what they are demonstrably worth, there is an elevated risk that they will have a credible claim that their underpayment in comparison to others is the result of illegal discrimination.

2. Only otherwise affluent people will be able to work at such a library

If someone can’t make a living wage[1] working at a library, only people who have another source of income will be able to work there. This means working at that library will be off-limits to any person who has been impacted by poverty, creating evidence that could support claims for risk #1, above, and for every other reason on this list.

3. Not aligning with industry standards

Many organizations track employment data[2] to show what the baseline compensation is in different regions, by profession, at different-sized institutions. Having a number that significantly departs from the average can be a factor in every other item on this list, as well as many non-legal concerns such as morale, reputation, and strategic planning.

4. Trouble recruiting and retaining qualified employees

A library is just a room full of books without its employees. If compensation does not attract, retain, and develop a workforce that can achieve the objectives in the strategic plan, budget, or annual report to the community, the board is engineering future failure.[3]

5. Diminished ability to forge relationships with community partners and external funding sources

Other not-for-profit organizations know how to read budgets, and they know the difference between frugality and parsimony.[4] Public libraries who are demonstrably choosing to reduce investment in their workforce impede their own ability to partner with mission-aligned groups and undercut their ability to attract external funding. After all, if an organization doesn’t believe in itself, why should an external partner invest in it?

6. Ongoing impacts

Once a public institution establishes a willingness to reduce itself to the bare minimum, even its allies and advocates will have a tough time arguing for more.

I say this, knowing (and having seen firsthand) that library boards face ENORMOUS pressures to cut budgets whenever they can. And—from the perspective of good governance—they should.

The trick is to be ready to show that a budget that invests in a strong workforce is not wasteful, imprudent, or foolish. By developing and continually re-evaluating its compensation strategy, a board is ready to take on all those who would argue they should pay as little as possible. By giving in to pressure and simply slashing compensation, a board is creating an ongoing cycle of austerity.

7. Increased likelihood of employees needing a union to ensure positive working conditions

Unions are powerful mechanisms for employees to advocate for what they need and SHOULD NEVER BE RESISTED.[5] It is nice if they are brought into the equation as the result of workers feeling empowered, rather than feeling misused.

8. Trouble meeting regulatory requirements

A public library must meet certain regulatory requirements; these requirements vary from library to library. A compensation strategy should be based in part on meeting these requirements, as well as other mission and strategic plan-related objectives set by the board.

Below this answer, we are putting a simple template for developing a compensation strategy. Using this, a library can start to resist external (and internal) pressures to simply slash-and-burn the budget—including pressure to offer minimal wages.

Thank you for an excellent question.

 

NAME Library Workforce Compensation Strategy Policy	Version: TEMPLATE FOR A NON-ASSOCIATION, NON-UNION LIBRARY
Responsibility for compliance: Board, Personnel Committee	Reviewed: Annually, in MONTH, as part of budget development

Policy

It is the policy of the NAME Library to use a strategic approach to compensation and benefits to achieve the library’s mission.

In developing this Compensation Strategy, the board will continually address:

• What type of workforce does our library need?
• What combination of base pay and benefits will attract, retain, and develop that workforce?
• What key performance indicators show our compensation strategy is working?
• What external baseline and best practice data should we be gathering to periodically evaluate our compensation strategy?
• How can we demonstrate the value of these costs to the public?

The board and director will use the below worksheet to answer these questions on a no-less-than-annual basis. This work will be used as the board develops the annual budget, as the board conducts the annual evaluation of the director, as the director conducts the annual evaluation of staff, and as the board and director work to affirm a staffing plan that meets the current and contemplated needs of the library.

WORKSHEET

1. What are our minimum regulatory requirements for operation?

INSERT

2. What are our additional operational commitments?

INSERT

3. What workforce does our library need to meet these requirements and commitments?

Sample answer:

[NOTE: Really, this is just a sample! Every library should have a different answer here, and the person who best knows the answer is the director, informed by the strategic vision of the board. Some libraries need more part-time folks. Others want mostly full-time. Some want new people and new ideas and community connections, while others want to emphasize long-term folks committed to innovation. Make sure your answers meet the need of YOUR library!]

Sample answer:

The Library needs a workforce that meets not only basic requirements but is quantifiably skilled in the “soft skills” of patron service, outreach, and community partnerships.

The Library needs a workforce that is stable, with full-time employees incentivized to stay long-term.

The Library needs a workforce that is able to provide consistent service without too much backup or assistance from part-time or temp workers.

4. What combination of base pay and benefits will attract, retain, and develop that workforce?

Sample answer:

[NOTE: Really, this is just a sample! Every library should have a different answer here, and the person who best knows the answer is the director, informed by the strategic vision of the board. Some libraries will want to take a completely different approach than what is below. Make sure your answers meet the need of YOUR library!]

Because the Library wants to attract a highly qualified applicant pool, it generally starts its pay range at the baseline established by ALA-APA for our type/size/region of library. The top of the range is then set by our reliance on the attributes of the position, with the baseline being increased by up to twenty percent if merited by the position’s impact on Key Performance Indicators.

Because the Library wants to incentivize long-term employment and continuous improvement, it uses a system of percentage increases and merit pay, in addition to cost-of-living adjustments, to effect raises.

Because the Library wants to remain competitive with private organizations that must offer paid sick leave, we offer twelve days of paid sick leave a year to full-time employees, with the amount pro-rated for part-time employees.

Because the Library wants to remain competitive with private organizations that must offer paid family medical leave, we have opted in to New York State’s Paid Family Medical Leave and pay the premiums.

Because the Library wants to remain competitive with governmental organizations offering retirement pensions, we offer and contribute a set percentage to New York State Retirement for all employees.

Because the Library wants to remain competitive with all organizations and incentivize the retention of employees, we offer a baseline of 10 days of paid vacation per year to full-time employees, with one day added for each year of employment.

Because the Library wants to incentivize retention, we offer a bonus at every 5-year mark.

Because the Library wants to ensure that our incentives to remain are earned, we are rigorous about annual performance reviews.

5. What key performance indicators (“KPI’s”) show our compensation strategy is working?

Sample answer:

KPI #1: Community input shows that our community wants more in-person events for children and seniors. We will ensure that employee competencies/experience and duties related to such programming are part of our workforce recruitment and that the experience of those workers is adding value to programs.

>KPI #2: Community input shows that our reference services and assistance identifying reliable sources of information are very valuable. We will ensure employee competencies/experience and duties related to such services are part of our workforce recruitment and track (without patron identification) instances related to this service.

 

KPI #3: Our strategic plan commits us to building a new library building by 2027. We will ensure that attracting candidates with experience related to moving a library is part of our ongoing workforce recruitment, so that we have those competencies when needed.

6. What external baseline and best practice data should we be gathering to periodically evaluate our compensation strategy?

Sample answer: The Library will use data from ALA-APA to show what similar organizations in similar regions are paying for qualified library professionals and workers, and the Library will identify reasons to justify significant deviations.

When there is a significant deviation showing we pay at least 10% more than baseline, we will identify why this deviation from baseline is important to our obligations, objectives and/or community. When there is a deviation below baseline, we will identify and confirm why this isn’t important to our obligations, objectives and/or community.

7. How can we demonstrate the value of these costs to the public?

Sample answer: The Library will track our programs and KPI’s and highlight the work of our workforce in the annual report to the community, noting when a worker’s experience and commitment has helped make an initiative successful.

 

As used in this article:

1. “Wages” means the earnings of an employee for labor or services rendered, regardless of whether the amount of earnings is determined on a time, piece, commission or other basis.  The term “wages” also includes benefits or wage supplements as defined in section one hundred ninety-eight-c of this article, except for the purposes of sections one hundred ninety-one and one hundred ninety-two of this article.
2. “Employee” means any person employed for hire by an employer in any employment.
3. “Employer” includes any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business or service.  The term “employer” shall not include a governmental agency.
4. “Manual worker” means a mechanic, workingman or laborer.

 

First things first: as private entities (much like private colleges or historical societies) association public libraries in New York are without question subject to both state and federal laws governing minimum wage and overtime, as well as other worker protections that apply to private entities.

So, if you are reading this from the perspective of an association library:

• Your library MUST pay hourly workers at least the state minimum wage;
• Your library MUST provide (paid or unpaid) sick leave as required by law;
• Your library MUST pay time-and-a-half (“overtime”) for any hours over 40 in a standard workweek;
• Your library MUST offer Paid Family Medical Leave; and
• Your library MUST disclose the pay range and duties along with published opportunities for hiring and promotion.

Okay. With that out of the way, we’ll handle the slightly more awkward part of this question: do non-association public libraries have to pay state minimum wage?

The answer is tricky. Non-association public libraries[1] are subject to many state and federal laws, but New York Labor Law Article 19, which controls minimum wage, specifically exempts employees of a “municipal government or political subdivision thereof.”[2] It also exempts school district employees (except “non-teaching” employees).[3]

So, the question really is: Is a non-association public library a “municipal government or political subdivision thereof” under Article 19 of the Labor Law (and thus exempt from state minimum wage)?

The law, regulations, case law, and agency[4] guidance are all SILENT AS THE GRAVE as to this question. Scour as I might, I have not found a definitive answer.[5]

More frustratingly, I suspect the answer could vary from library type to library type.

The reason why is summarized in the 2014 case Tongring v. Bronx Cmty. College of the City Univ. of N.Y.:

Although there is no provided definition for “political subdivision,” New York courts engage in a “particularized inquiry into the nature of the [organization] and the statute claimed to be applicable to it” … “to determine whether—for the specific purpose at issue—the public benefit corporation … perform[s] an essential government function … [and therefore] should be treated like the State… ([the] court must consider “the nature of the employing organization” in determining whether an entity is a political subdivision under the New York Labor Law).

How “particularized” does this “inquiry” get? In 2021, in Matter of Executive Cleaning Servs. Corp. v New York State Dept. of Labor, the State Department of Labor argued that a public library was a “political subdivision”, and thus the cleaning company they contracted with had to pay the prevailing wage for the services. Ruling against the Department of Labor, the Court wrote:

The library at issue undoubtedly performs a public function and is closely intertwined with the school district that it serves, but it is not itself “a municipal corporation, school district, district corporation [or] board of cooperative educational services”—the entities that are considered to be “[p]olitical subdivision[s]” of the state for purposes of public contracts (General Municipal Law § 100 [1]; see General Construction Law § 66 [2]).

...

Consequently, we hold that the library at issue is not a public agency within the meaning of Labor Law § 230 (3).

Now, does not being a political subdivision “for the purposes of public contracts” mean a library is not a political subdivision for purposes of Labor Law Article 19?

NO.

Is either Tongring v. Bronx Cmty. College, or Matter of Executive Cleaning Servs., directly applicable to this issue?

NO.

Is there any clear authority on this issue anywhere?

NO.

Because of this dearth of guidance, I have to answer that it is wise not to rule out the application of New York State Labor Law Article 19 unless an attorney retained by a particular library reviews the specific position of that particular library and offers a very particular written opinion advising otherwise.[6] When generating the opinion, the lawyer should consider the library’s “type” as well as the other aspects of the state Labor Law that apply to that library (or don’t apply).

Of course, I wish I could give a more definitive answer. But without more to work with from case law and enforcement guidance, I must urge caution.

Thank you for a frustrating but important question

"Is this legal?"  Not likely.

But before I say more, I just want to offer a quick primer on how things work at "Ask the Lawyer."

Since the situation depicted in the question could result in legal claims by the Director, the board, and/or even the Town--or be relevant to an audit by the State Comptroller--this is the type of "Ask the Lawyer" question that can only be answered--really answered--under attorney-client privilege.

Why is that?  Because of how "Ask the Lawyer” works.  When questions like this are submitted (questions that ask for advice and guidance for the requesting member and their council, as joint clients[1]), our typical approach is to a) contact the member, b) get any additional information needed to assess the question, and then c) send an attorney-client privileged answer. [2]

After that, if the member consents to it, we create a "generic" answer, channeling the research gathered into general advice that may be useful for a broad audience (of libraries, museums, historical societies, and other regional council members).

This question, of course, presents an issue mostly relevant to public libraries.  And here is the "generic" answer to the scenario presented:

There are a number of factors an attorney needs to dig into in order to answer this question.

First: is the director an hourly employee, or salaried?  If salaried, this question doesn't make much sense,[3] so we'll go with hourly.

Second: Is the director required as part of their job to attend the meeting?  Since they are mostly there in their professional capacity, let's say "yes."

Third:  Did the director, in the past, report the hours into the payroll system, and receive compensation for them?  Let's again say "yes."

Fourth: Has the board consistently performed the aspects of board authority over the position (making the decision to hire, signing the hiring letter, performing annual reviews, working with Civil Service to amend the job description when needed, effecting disciplinary action and plans of improvement if needed, approving payroll,[4] approving scheduled vacation times, overseeing time off for disability, effecting termination)?  Again, from the scenario, we'll say "yes," which means the board has not laid a foundation for the lines of employment to be blurred (they are undisputedly in charge).

Fifth: Has the previous payroll, which included compensation for attending the meetings, been approved per the requirements of the Civil Service law?[5]  While that may be something happening subtly behind the scenes, based on the scenario, again it is probably "yes."

If we added those details to the scenario, I would see no basis for a town official to be able to unilaterally decide what tasks may or may not be compensated.

In fact, the only way I could see a town official being able to (legitimately) do such a thing is if the library board had expressly delegated all authority for supervision and payroll oversight to the town...something that would be a dangerous practice, since it would seriously undercut the library board's autonomy and authority.

The courts in New York, the State Comptroller,[6] the State Attorney General, and local Civil Service agencies all grasp the nuances of public library boards' authority, but it can be a struggle for newer public officers.  The autonomy and authority of a library board can often feel like a square peg to a public official used to only round holes.  That is why it is important to nurture the relationship routinely, deliberately, and carefully.[7]

What can be done in this case?  To avoid a claim of unpaid wages, a library board would need to develop a plan to put things right.  There are a number of ways to approach this, but I'd start out by enlisting the help of the local Civil Service, who can confirm that the library is a separate employer, with an obligation to confirm their employees' hours.[8] In the alternative, a good resource who may take a similar technical approach could be the municipality's attorney.

Since all that could take some time, if the board wants to vote to adjust the payroll (ensuring the payment is properly subject to taxes and withholding, etc.), the board may also want to enlist the help of the State Comptroller (the authority that audits public library payroll from time-to-time).  How would a library do that?  Prior to any adjustment, it would be a good idea to confirm the basis for the correcting payment in writing with the Comptroller, after which the board could resolve to make the adjusting payment (since the minutes of the meeting, and the meeting itself, are a public record, this is a good exercise in transparency).

Because of the risks involved in compensation-related matters, if at all possible, this type of challenge is a good one to work through with an attorney.[9]

 

 

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[1] More on this approach, piloted in consultation with Sheryl Knab at WNYLRC (who was very patient as I unpacked all the nuances about attorney ethics and retainer agreements), is described in Hope Dunbar’s excellent article: https://www.tandfonline.com/doi/abs/10.1080/15332748.2018.1443572

[2] Sometimes, if the issue is sensitive enough (and there is no reason to involve them) the answer doesn't even go to the council.

[3] It could be relevant in the sense that the salaried employee was using the meeting time to hit a minimum amount of service for the work-week (say, 37.5 hours).  But that nuance doesn't quite fit the scenario.

[4] Note this says "approving," not "effecting."  A municipality can process the payroll and provide the employment benefits, and the library board of trustees remains the actual employer.

[5] Two great primers on how Civil Service Law impacts hiring library directors in New York are found at: http://www.nysl.nysed.gov/libdev/trustees/handbook/cs101.htm, and https://www.nyla.org/a-librarians-guide-to-civil-service-in-nys-2018/.

[6] The New York State Comptroller has understood the nuances of the library board-municipality relationship for decades.  See 1972 Op St Compt File #402.

[7] See the "Ask the Lawyer" on developing an MOU with your sponsoring municipality: https://www.wnylrc.org/ask-the-lawyer/raqs/166

[8] I realize that might not be the case in some localities.  If that is the case for your library, you may want to skip this step, and head to the Comptroller.

[9] The case at this link, Beers v. Incorporation City of Floral Park, from 1999, shows why! https://casetext.com/case/beers-v-incorporated-village-of-floral-park

This is a complicated array of questions, involving a high-stakes area of law…so we’ll take this in stages.

Salaried/Non-Exempt

The member starts by evoking an interesting phenomenon: “Salaried/Non-Exempt” employees; workers entitled to mandatory overtime, but paid via a salary.

This is an employment category that, for a variety of reasons[1], is moving out of fashion…but it is still widely used in 2018.

For purposes of the member’s first question, the important thing to know is: behind the scenes, a “Salaried/Non-Exempt” employee still has an hourly rate.  This is true whether they work a regular week of 20 hours, 32 hours, 40 hours, or even 45 hours (a concept called “straight time”).  The hourly rate is determined “by dividing the total hours worked during the routine week into the employee's total earnings.”[2]

So, as asked by the member, what are the laws governing “Salaried/Non-Exempt” workers who routinely work under 40 hours?  The same laws that apply to those who work 20, 40, or 45.  And one of those laws is the Fair Labor Standards Act.

The Fair Labor Standards Act[3]

The Fair Labor Standards Act (of “FLSA”) is a nation-wide law that ensures certain basic protections for certain types of workers.  One of its many protections is requiring time-and-a-half payment for covered employees working over 40 hours a week.

“Non-exempt” is the awkward but generally accepted term for an employee protected by the FLSA.  The phrase “non-exempt” arose from the FLSA’s “exemption” of many employee categories[4] from its protections…meaning those employees don’t have to be paid for overtime.  

The Byzantine nature of the FLSA’s exemptions and inclusions can be confusing. For example,  an “administrative” position with sufficient authority, meeting minimum salary levels (with no pro-rating for those who work under 40 hours[5]), may be classified as “exempt” under the FLSA.  But another job that sounds just as “professional” might be “non-exempt.” 

But the member’s questions pertains specifically to those who are “Salaried/Non-Exempt,” so the rest of this response pertains only to employees entitled to overtime.

Comp time

The second half of the member’s submission deals with comp time.  What is that?

Under both state and federal law, “Compensatory Time”—or “comp time”—is paid time off earned by government employees in lieu of FLSA-mandated overtime.

How does this work?  If their employer offers it, non-exempt employees of municipal employers can bank time off, working 45 hours one week, 35 the next…and get paid the same for both weeks.

The “comp time” exception was added to the FLSA in 1985 to help states and municipalities confronted by the need to pay overtime.  It is a tool to stabilize civil service budgets (NOTE: although the member referenced private not-for-profits and education institutions, FLSA-governed comp time is not a tool available to private employers).

How long does a qualifying library have to pay out the comp time?   Per the FLSA, one base-line rule is that after 240 hours have accrued, the employee must simply be paid time-and a half[6].  But check out the plethora of compensation memos on file with the New York State Comptroller!  The contract or policy implementing it can set a wide variety of different terms for using it, and for cashing it out.   So there is no base-line answer, except to say: an employer must follow not only the law, but the rules they set…and should have a good system for ensuring both are followed (and again, that is only for public employers).

And as for the member’s last question: what if a librarian—any librarian—simply wants to choose “comp time” over mandatory overtime?  If FLSA-governed comp time is not available, a non-exempt employee cannot waive the requirements for mandatory overtime.  New York likes its workers to have certain basic protections, and this is a big one. 

Final take-aways

Private employers must pay salaried/non-exempt employees their guaranteed salary, and must also compensate such employees for hours in excess of the hours of a regular pay period (based on their established hourly rate).  In addition, hours in excess of 40/week must be compensated with time-and-a-half.  And finally, any "time-shifting" that might be allowed within a pay period cannot go beyond the pay period.  Extra hours worked in a week cannot be swapped from one paycheck to the next; non-exempt employees must be paid for the time they work, within the appropriate pay period.  

But this is generic, base-line guidance. Any library grappling with questions like those posed by the member should use the services of a lawyer or HR professional (who knows when to call a lawyer) to resolve them. 

After all, libraries operate as centers of information and transparency!  Confidence about the clarity and legitimacy of employee working conditions should be considered mission-critical.

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[1] Mostly having to do with the mandatory base salary levels set by the state and federal governments.

[2] Part 142 of Title 12 of the Official Compilation of Codes, Rules, and Regulations of the state of New York (Cited as 12 NYCRR 142), § 142-3.14

[3] This is the law the employees in the member’s question are “non-exempt” from…meaning they fall under its protections…one of which is to be paid overtime rates when hours in a given workweek exceed 40.  The inclusions and exclusions are found in https://www.law.cornell.edu/uscode/text/29/207.

[4] Too many to list here.

[5] See U.S. Department of Labor Advisory Letter FLSA2008-1NA.

[6] See 29 U.S.C. §207 (o)(a)(3).

Retirement benefits play a critical part in employee recruitment and retention.  Library leadership should carefully consider—and routinely re-evaluate—the role of retirement in the suite of benefits they use to attract and nurture personnel.

To craft the right retirement approach, leaders must consider not only the legal landscape of their library, but the local job market, their recruitment objectives, and their retention goals.  The final approach should not only support the library’s plan of service and vision for its mission, but comply with all relevant law.  To ensure this, the plan and final documents should be evaluated by both leadership, as well as an HR professional and attorney.

Municipal public libraries crafting a retirement plan must work with local government; this is because the retirement benefits they can offer flow from the municipality they are attached to[1]. For that reason, any municipal public library addressing retirement benefit issues should reach out to their municipality’s HR department and/or attorney. 

The member’s questions are a good jumping-off point for some general guidelines to this process.  To take them in order:

Are municipal public libraries obligated to provide retirement benefits for all employees?

No.  Per New York Retirement and Social Security System Law Title 2, Article 2, municipalities may resolve to participate and enroll their employees in the New York State & Local Retirement System (“NYSLRS”), but such resolution and enrollment is not compulsory. 

Once a municipality decides to enroll, the NY Comptroller’s Office helps with the initial assessment of costs[2].  After enrollment by the employer, precise rules govern which employees are eligible for what level of plan; a great summary of who qualifies, and how, is here: https://osc.state.ny.us/retire/word_and_pdf_documents/employers_files/employers-guide/section-5.pdf.

Does the library board need to approve a motion to provide retirement benefits for all employees or selected employees?

Yes and no.  A municipal public library’s enrollment in the NYSLRS flows through the enrolled municipality; [3] if the municipality is enrolled in the system, the (municipal public) library can participate.  That said, to emphasize employer autonomy, promote awareness, and ensure harmony of the retirement plan and benefits with other library operations, the board should be apprised of and vote on the retirement benefit, as well as its description within the employee manual and relevant policy.

NOTE: This “employer autonomy” aspect cannot be emphasized enough.  While great care should be taken by library leadership to coordinate certain employment-related matters with the municipality, a municipal public library SHOULD NEVER SURRENDER OR IGNORE THEIR AUTONOMY AS THE EMPLOYER.  There are a great many opinions[4] of the NY Comptroller (the go-to for municipal governance and budget issues) that emphasize the importance of this notion; it is a critical consideration and one deserving of a great deal of board attention and foresight (and professional input).

Does the number of [employee]hours pertain?

There are very precise formulas and enrolling, qualifying, reporting, and claiming NYSLRS retirement benefits[5], and employee hours are most definitely a part of those formulas. 

Hours are only a small piece of the puzzle, though.  The bigger parts are the details leadership will explore as they identify, and develop, a retirement benefit that supports the strategic direction and mission of their library.  That is a project that will take many hours of thoughtful work and exploration…but if undertaken with the right players, will bring great benefits.[6]

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[1] Interestingly and somewhat famously (among the 14,000 or so library law aficionados in New York), this does not mean the municipality is the employer.  However, it does mean that many of the employee retirement benefits must (to a certain extent) be coordinated with the procedures and reporting of the local government.  NOTE: I invented the possible number of “library law aficionados,” but since I find this stuff fascinating, maybe 13,999 other people do, too.

[2] Information on kicking off the process of enrollment is here: https://www.osc.state.ny.us/retire/employers/employer_partnership/an_employers_role/becoming_a_participant.php

[3] As reflected in the excellent comparative chart on the New York State Education Department’s Division of Library Development Page: http://www.nysl.nysed.gov/libdev/libs/pltypes.htm.

[4] For instance, Op. State Comptroller 93-15, from 1993.

[5] A helpful guide on reporting hours to the NYERS is here: https://www.osc.state.ny.us/retire/word_and_pdf_documents/employers_files/employers-guide/section-6.pdf#search=%20libraries.

[6] Pun intended.