Overtime and Compensatory Time Procedure - 63.04.02
College Policy Number/Title:
It is institutional practice to accomplish the necessary workload within the normal workweek. However, overtime may be required or requested at certain times by the supervisor when the workload demands it. Non-exempt employees may recognize the need for overtime work and may offer to work after regular hours; however, employees may never work overtime without prior authorization by the supervisor. There are at least two reasons for this requirement: (1) the Fair Labor Standards Act (FLSA) and amendments do not permit non-exempt employees (the definition of non-exempt employees is specified in the "Employment Definitions" procedure 63.03.01) to work overtime without compensation; (2) the supervisor and/or cost center administrator must take overall budget issues into consideration before authorizing overtime work and compensation. Work units must have a system for ensuring fairness in making overtime assignments. It is the responsibility of the supervisor, in consultation with human resources, to make this system known to employees and to be accountable for its operation.
In compliance with the Fair Labor Standards Act relating to overtime pay, non-exempt employees who work in excess of 40 hours during the work week will be paid at an hourly rate equal to one and a half times their regular rate of pay for the additional hours. Hours worked overtime between 37½ and 40 hours will be compensated at the regular rate. The 40 hours apply only to hours actually worked; vacation time, sick time without medical documentation, personal leave time, or other paid hours that do not represent hours actually worked are not included in calculations of the 40 hours for purposes of the overtime rate. However, approved medically documented sick leave for employee illness, holidays, and snow days, or other emergency closings where the entire college is closed, will be included as hours worked.
In a week in which a non-exempt employee works beyond his/her normal workweek but not more than 40 total hours, the employee may elect to receive payment for the excess hours in the form of cash or compensatory time; in either case, the payment will be at a straight hour-for-hour rate. In a week in which a non-exempt employee works beyond his/her normal workweek and the hours exceed 40, the employee may elect to receive payment for the hours worked beyond 40 in the form of cash or compensatory time (in either case at a time-and-a-half rate); however, in such a case the payment for the excess hours worked up to 40 must be in the form of cash (at a straight hour-for-hour rate) rather than compensatory time, regardless of whether the employee elects for the hours beyond 40 to be paid as cash or compensatory time.
Calculation and Compensation
- Non-exempt employees at Howard Community College are assigned to work either a 37½-hour or 40-hour workweek. If employees are scheduled to work a 37½-hour week, overtime pay or compensatory time is accrued at the same rate as regular wages between 37½ hours and 40 hours of work. Accrual of overtime pay or compensatory time above 40 hours is earned at the rate of one and a half-hours for each hour over 40 worked in one workweek (including certain other categories as noted above).
The normal workweek for non-exempt staff is from 12:01 a.m. Saturday until 12 midnight on Friday. The work week for employees whose duties require that they work other than Monday through Friday schedules will be the seven consecutive day periods commencing with the start of the employees' first scheduled shift in the calendar week.
- Non-exempt employees will be permitted to use compensatory time, just as they would use leave time, within a reasonable time after it is requested subject to the operating needs of the college.
- A maximum of 50 compensatory hours may be accrued by non-exempt employees at any given time. All hours worked in excess of this compensatory time maximum will be paid in overtime wages, as described above.
- Upon termination of employment at the college, the employee will be paid for all accrued compensatory time at the employee's current pay rate or at the average of the employee's pay rates from the past three years, whichever is higher.
- Compensatory time does not count as "hours worked" in the week in which it is taken but is paid at the employee's regular rate because it is initially credited at time and one half for each hour of overtime over 40 hours.
- If employees are called back to work during non-working hours for an emergency or special overtime assignment, they will be expected to work and be paid for a minimum of four hours.
Supervisors and department heads are accountable for ensuring that non-exempt employees do not work overtime hours that are not compensated for, and are also accountable for the need for and results of overtime expenditures.
Effective Date: 5/14/10
President's Office Use: VPAF