Non-exempt employees must receive overtime pay for hours worked in excess of a forty-hour (40) hour work week, at the rate of time and one-half of the employee’s regular rate of pay.
A. Hours Worked
- All time during which an employee is required to be on duty at the employer’s premises or at a prescribed work place is considered as hours worked.
- Supervisors are responsible for establishing employees’ regular schedule of work. Employees may request a flex schedule. The supervisor must approve all schedules of work.
The regular schedule of work may be adjusted by the supervisor to accommodate business needs for a short period or determined period of time. However, the schedule of a nonexempt employee must not be adjusted to avoid paying overtime.
- Paid time which is not worked (such as vacation, sick leave, holidays, administrative leave and inclement weather) does not count as work time for the purpose of determining overtime. An employee must actually work over 40 hours in a workweek to earn overtime pay.
- Breaks are counted as worktime. Supervisors should establish an employee’s break time so as not to interrupt business operations.
- With the approval of the supervisor, when an employee is participating in a college-sponsored program or activity, break times may be used or combined with other times to attend the activity.
- Meal periods are not counted as work time.
- Overtime hours must be assigned and authorized by the immediate supervisor. Supervisors may designate employees to be on-call (waiting to be engaged) and overtime may be incurred for time actually worked, if appropriate.
- Travel time which is part of an employee’s working day is considered hours worked. Travel time spent going to and from work is not considered hours worked.
- Training related to an employee’s current duties will be considered work time, even if participation is voluntary, if it is approved by the immediate supervisor.
- To support business operations, non-exempt employees may be required to work in excess of their regularly scheduled hours by their supervisors. At least two weeks advance notice must be given to employees whenever possible; however, situations occasionally arise that do not permit advance notification. Supervisors should seek to notify employees who are scheduled for overtime work as soon as possible.
- Volunteers to work overtime should first be requested by the supervisor, if appropriate.
- Employees may be released from required overtime when a reasonable documented excuse is provided, such as:
- Family emergency
- Employee illness
- Personal long-range commitment (court date, legal appointment, default of a deposit, etc.)
- Important family function (wedding, reunion, scheduled out-of-town travel, etc.)
- Once approved, overtime hours shall be recorded in the College’s time reporting system. The supervisor shall review and approve the reported overtime. Falsification of hours recorded in the time keeping system may subject the individual to disciplinary action, up to and including termination.
- Payment for overtime will be included in the paycheck for the period immediately following the one in which it was earned.
- When an employee is on-call (waiting to be engaged), work time or pay is not accrued. Once the employee is called out to work, work time and pay is accrued. If an employee is designated on call, and is not available to take a call, the supervisor is responsible for contacting other employees to assist with the work and make arrangements for an employee to take care of the problem.
- If an employee works overtime, which has not been approved, the employee should be given a verbal notice by the supervisor of the overtime rule and paid for the overtime. After notice, if the employee continues to work overtime without approval, disciplinary action may be taken, up to and including termination.