Effective Date: August 18, 2010
Contact Person for Non-Academic Affairs Staff: Bruce Burking, x 4180
Under the Fair Labor Standards Act, accurate records of all hours worked by non-exempt employees must be maintained and overtime must be calculated on a workweek basis.
Definition of workweek: For the purposes of calculating overtime the work week is defined as Sunday, 12 a.m. through Saturday, 12 a.m.
All hours worked and other paid time must be used when calculating overtime compensation. Paid time includes but is not limited to: vacation time, sick time, holidays, personal time, compensatory time taken, bereavement leave, jury duty, and wage continuance for pregnancy and/or delivery. All time that exceeds 40 hours in any workweek must be paid at a rate that is equal to at least one and one-half times the employee's regular hourly rate. There are no exceptions to this rule.
Supervisory Responsibility: It is the responsibility of the supervisor to ensure that any hours worked beyond 40 in any workweek are compensated at a rate that is equal to at least one and one-half times the employee's regular hourly rate. The supervisor has the right to determine the hours to be worked in a week to accomplish the job and these hours can vary to accommodate special events as the job may require.
Example: If a person has worked a 40 hour week and is asked to work a Saturday event, overtime will be required. If the person has taken off prior to Saturday, then no overtime would be required if the total number of hours for the workweek did not exceed 40. If a person is asked to work a Sunday event, overtime will be required unless the person takes off during the week following the event.
Comp Time: There is no comp time. Hours cannot be taken off to “compensate” for the possibility of overtime any time other than during the scheduled work week.