Overtime and compensatory time are managed differently for employees who are in exempt and non-exempt positions as defined by the Fair Labor Standards Act (FLSA).
EXEMPT POSITIONS:
- Employees in exempt positions are not paid for overtime or given compensatory time.
NON-EXEMPT POSITIONS:
- Provided with overtime pay or compensatory time-off for hours worked over 40 in a workweek.
- Workweek begins at 12:01 a.m. Saturday and ends at midnight the following Friday.
- Time absent from the job for vacation, holiday, sick, or other paid leave is not counted as time worked for the purpose of computing overtime hours.
- Compensation for hours worked over 40 in a workweek may either be given as overtime pay or as compensatory time off.
- Both overtime pay and compensatory time off are given at the rate of time and one-half of the regular rate for every overtime hour worked.
- Employees in non-exempt positions must obtain the supervisor’s approval prior to working overtime.
- Employees who work overtime without the supervisor’s approval must be paid for hours worked, but may be subject to disciplinary action, pursuant to Policy 5-111: Corrective Action and Termination Policy for Staff Employees.
- Overtime Pay
- The employee should expect to receive overtime pay for hours worked over 40 in a workweek.
- A supervisor may offer compensatory time off in lieu of overtime pay. However, the employee has the right to accept or decline compensatory time and receive pay at time and one-half. If compensatory time is acceptable to the employee, then the supervisor must ask the employee to sign a Compensatory Time Agreement.
- Compensatory Time
- Compensatory time is recorded in the time and attendance system as it is accrued and as it is taken.
- Actual hours worked and compensatory time taken must be documented.
- The maximum compensatory time that can be accrued is 240 hours. If a non-exempt employee achieves the maximum accrual, resigns, retires, or is discharged at a time when he or she has a balance of unused compensatory time off, the employee will be paid for the unused compensatory time. Payment will be calculated using the current regular rate.