Effective Date: 06/03/2019
Responsible Official: Vice President of Human Resources and University Controller
Responsible University Office: HR Compensation Office and Payroll Office
Revision History: 01/01/1995; 01/01/2002; 01/01/2008
Related Legislation and University policies: Fair Labor Standards Act, Overtime Procedure, Work Week and Pay Systems
Review Period: 5 years
Date of Last Review:
Relates to: non-exempt employees
Exclusions: exempt employees
It is assumed there will be occasions when overtime will be required of non-exempt employees. Overtime must be approved in advance by the appropriate Department Head or supervisor. Employees who do not seek the proper authorization in advance of working overtime will be paid, but may be subject to corrective action for failure to follow this policy, up to and including termination.
The supervisor is responsible for managing workloads in an effort to minimize the need for overtime, for selecting staff who are most qualified to perform the job, and for distributing overtime equitably among all the staff. The supervisor is also responsible for establishing an approval process for employees to incur overtime expenses. Staff are responsible for recognizing the work needs and cooperating with those needs.
All nonexempt staff must be paid for every hour worked. Non-exempt 40-hour staff will be compensated at their base rate of pay up to forty (40) hours, and at one and one-half times their base rate of pay for time worked over forty (40) hours in a work week. Non-exempt 37.5-hour staff will be compensated at their base rate of pay up to 37.5 hours, straight time up to forty (40) hours, and at one and one-half times their base rate of pay for time worked over forty (40) hours in a work week.
Non-exempt staff approved to work overtime should either be supervised while working overtime or have an understanding with the supervisor regarding the parameters of the work to be done and time to be spent for overtime hours.
A non-exempt employee must be paid for all hours actually worked, whether specifically authorized or not. However, employees who work overtime without the proper advance authorization may be subject to corrective action, up to and including termination.
Overtime is based on time worked in the week. For purposes of calculating overtime, any paid time off such as holidays, sick, vacation, take 2 time, winter recess, and emergency close, or any unpaid time off will not be included in calculating overtime. Hours will be paid to the nearest quarter hour (i.e. 15-minutes increments).
Non-exempt employees may be required to travel for university-related business. Pursuant to the Fair Labor Standards Act, travel time for university business-related reasons is “work-time” that will be paid only when it cuts across the employee's normal workday hours (typically 8:30 a.m.to 5:00 p.m.), even if that travel is on a non-working day, such as Saturday, Sunday, or holiday. Travel time outside of regular working hours as a passenger on an airplane, train, boat, bus, or automobile is not worktime and will not be paid, regardless of the day of travel.
Required participation in university social activities, attendance at conferences, meetings, training programs, and similar activities are considered hours worked if participation is required.
Non-exempt employees should not start work early, finish work late, work during a meal break, review and respond to work emails and/or voice messages from home or while on vacation, or perform any other extra or overtime work unless the employee is authorized to do so and that time is recorded. Non-exempt employees are prohibited from performing any “off-the-clock” work. “Off-the-clock” work means work an employee may perform but fail to record in the payroll system. Supervisors are responsible for ensuring that non-exempt employees are not doing so. Any employee who fails to report or inaccurately reports any hours worked will be subject to disciplinary action, up to and including termination.
The employee is responsible for recording overtime in the payroll system, and the supervisor is responsible for approving overtime in the payroll system. Generally, the overtime pay will be processed in the pay period following the pay period in which the time was worked. Compensatory time off is not allowed in lieu of pay for overtime worked. However, flexing hours (within the same workweek) is permissible. Overtime will normally be paid in the pay period following the pay period in which the time was worked.
The university makes every effort to ensure its employees are paid correctly. Occasionally, however, inadvertent mistakes can happen. When mistakes do happen and are called to our attention, we promptly will make any correction that is necessary. Employees are asked to review their pay stubs each pay period to make sure they are correct. If an employee believes their wages have been subject to any improper deductions or their pay does not accurately reflect all hours worked, such employees should report such concerns to a supervisor immediately. If a supervisor is unavailable or if the employee believes it would be inappropriate to contact that person, the employee should immediately contact Human Resources.
Every report will be fully investigated and corrective action will be taken. In addition, the university does not allow any form of retaliation against individuals who report alleged violations of this policy or who cooperate in the university’s investigation of such reports. Any form of retaliation in violation of this policy will result in disciplinary action, up to and including termination.
Exempt staff do not qualify for overtime, and it is assumed that exempt employees will willingly include as part of their regular work week additional work time outside of normal work schedules as necessary to meet work expectations, handle short-term projects, and satisfy weekly work requirements.