Overtime and Additional Compensation (E-36)
Original Implementation: Unpublished
Last Revision: April 13, 2006
This policy applies only to non-academic employees.
Non-Exempt (Classified) Employees:
A non-exempt employee who is required to work in excess of 40 hours in a workweek is entitled to compensation for the excess hours through one of the following methods.
1. The employee should be allowed (or required) to take compensatory time off within twelve (12) months following the end of the workweek in which the overtime occurred at the rate of 1-1/2 hours off for each hour of overtime. Time that is to be taken is at the discretion of the supervisor and must be authorized in advance.
2. When granting compensatory time off is impractical, the employee receives pay for the overtime at the rate of 1-1/2 times the employee's regular rate of pay. Payment must be made for all overtime in excess of 240 hours, which is 160 straight time hours.
Any paid leave or holidays taken are not counted as hours worked in determining overtime hours under the preceding paragraph. In situations in which the employee has not worked more than 40 hours in a workweek but the total hours worked and hours of paid leave or paid holidays exceeds 40 hours, the employee shall be allowed equivalent compensatory time off for the excess hours. The compensatory time must be taken during the 12-month period following the end of the workweek in which compensatory time was accrued. Compensatory time under this paragraph may not be carried forward past the end of the 12-month period and only in specially approved instances may an employee whose compensatory time off would be disruptive to normal teaching, research or other critical function be paid for the unused time.
Non-exempt part-time employees must be paid for hours worked over their designated hours; they may not accrue compensatory time.
Exceptions to the workweek overtime calculation for University Police Department law enforcement officers shall be made in accordance with the Fair Labor Standards Act.
To receive overtime pay:
1. Hourly employees record overtime on the "Semi-Monthly Time Record" in the section designated for overtime. This overtime is then recorded on the semi-monthly time sheet (computer print-out) which is provided by Payroll Services.
2. Monthly employees must obtain approval from the department head to receive overtime pay in lieu of compensatory time off. Overtime hours are to be recorded on the "Monthly Time Record" which is kept in the departmental office. If the employee is to be paid for overtime on a recurring basis, the employee's name and social security number only are to be written on the semi-monthly time sheet (computer print-out). Payroll Services will add that employee's name permanently to the list.
If the overtime is to be paid on a one-time basis, the department head must approve and submit a request for payment in memorandum form to the appropriate vice president for signature. The memorandum will be submitted to Payroll Services and overtime payment will be processed.
Non-exempt employees (or their estates) must be paid for any unused accumulated compensatory time at the time of separation from employment.
Exempt (Non-Classified) Employees:
An employee who is not subject to the overtime provisions of the FLSA may be allowed compensatory time off for hours in excess of 40 hours in a work week in which the combination of hours worked, paid leave, and holidays exceeds a total of 40 hours.
An employee who is exempt as an executive, professional, or administrative employee, may be allowed compensatory time off during the 12-month period following the end of the workweek in which the overtime was accrued, at a rate not to exceed equivalent time, but limited to ten (10) days during any one fiscal year. An exempt employee will not be paid for any unused compensatory time earned in this manner.
Part-time exempt employees may accrue compensatory time when the number of hours worked plus holiday or other paid leave taken during that week exceeds the number of hours that the employee was designated to work.
Time that is to be taken is at the discretion of the supervisor and must be authorized in advance on a "Request for Vacation, Compensatory Time, Sick Leave Taken" form which is maintained in the employee's departmental file.
All Employees:
No employee may accrue compensatory time for work performed at any location other than the employee's regular place of employment or duty point. For compensatory time purposes, the employee's personal residence may not be considered to be their regular place of employment or duty point.
Source of Authority: 29 U.S.C., sec. 201 et seq.; General Appropriations Act; President; Vice President for Finance and Administration; Director of Human Resources
Cross Reference: Non-Academic Employee Handbook
Contact for Revision: Director of Human Resources
Forms: Semi-Monthly Time Record, Monthly Time Record, Request for Vacation, Comp Time, Sick Leave Taken Form (all available in University Printing Services)