Lawriter - OAC - 3339-4-01 Compensation-wages/overtime/compensatory time for unclassified administrative staff.

3339-4-01 Compensation-wages/overtime/compensatory time for unclassified administrative staff.

(A) Determining eligibility

Full-time unclassified administrative staff are expected to work at least forty hours per week and may need to work more than forty hours per week to fulfill their employment responsibilities. The fair labor standards act (FLSA) requires the university to pay some unclassified staff overtime pay in the amount of one and one-half times the employee's regular pay rate for all hours worked over forty hours in a workweek or to provide them with compensatory time off The university workweek begins at one second after twelve a.m. on Saturday and ends at twelve p.m. midnight on Friday. The positions that are covered by FLSA overtime regulations are called "non-exempt" or "overtime eligible."

Salaried positions that meet certain criteria are exempt from the FLSA's overtime requirements. Unclassified administrative staff in overtime exempt positions are not eligible for and do not receive overtime payment or compensatory time off The FLSA overtime eligibility status of a position is established at the time it is created and may be reviewed if the duties or pay changes.

The department of human resources and academic personnel services are responsible for determining the overtime eligibility status for all positions.

(B) Reporting time worked

All overtime-eligible employees are required to maintain accurate records of time worked. The university uses an electronic time-reporting system, and overtime-eligible employees are required to use this system unless a different method is approved in writing by the appropriate personnel office. All overtime-eligible employees are paid on the university's bi-weekly payroll.

Any employee who falsifies a time record is subject to disciplinary action, up to and including termination of employment. Supervisors are responsible for reviewing, approving, and correcting reported time and for ensuring that all records are current and accurate. Supervisors are required to communicate any changes to the employee in writing or have a written request from the employee to change the time record.

(C) Working overtime

Overtime-eligible employees must obtain approval from their supervisor to work more than forty hours in any workweek. Overtime-eligible employees will be paid for all hours worked whether overtime has been approved or not. However, employees who work overtime hours without their supervisor's approval are subject to disciplinary action, up to and including termination of employment.

(D) Overtime pay

Overtime-eligible employees will be paid one and one-half times their regular pay rate for hours worked in excess of forty in a workweek. Paid time that is not actually worked, including (but not limited to) vacation, sick leave, and holidays, does not apply toward the calculation of overtime.

An overtime-eligible employee who works in more than one appointment to achieve full-time status during a workweek will have the hours worked in all positions combined to calculate the total hours worked. Overtime-eligible employees with a full-time appointment may not have an additional appointment.

No employee is eligible for overtime or compensatory time unless the employee actually works in excess of forty hours per workweek.

Some divisions are not funded for or do not have sufficient funds to pay for all needed overtime work. As a result some divisions and departments have adopted mandatory compensatory time policies. In all other divisions and departments, overtime work that is needed but not funded may be offered to-but not required of-an employee, contingent on the employee's willingness to accept compensatory time instead of overtime payment. Overtime accepted on a contingent basis must be documented in writing using the contingent overtime agreement template.

(E) Compensatory time

It is university policy that all overtime eligible unclassified employees in the division of intercollegiate athletics, recreational sports center and goggin ice arena receive compensatory time off instead of overtime payment. In all other divisions, an employee may elect to receive compensatory time instead of overtime payment. Compensatory time is earned at the rate of one one and one half hours of compensatory time for each overtime hour worked. Compensatory time is tracked in the university's time-reporting system.

Employees may accumulate up to two -hundred forty hours of compensatory time. The two- hundred forty hour limit represents one hundred- sixty hours of actual overtime worked. If an employee has an accrued balance of two hundred forty hours of compensatory time, the employee cannot earn more compensatory time and the university will pay overtime for the additional overtime hours worked.

Compensatory time must be earned before it is taken and may be used at the discretion of the employee, subject to the supervisor's approval. The supervisor may not deny the request to use compensatory time unless it would unduly disrupt operations. Compensatory time should be taken in one-half day (four hour) increments. A supervisor may require employees to take compensatory time off to reduce compensatory time balances unless doing so would cause the employee to forfeit vacation accrual. Supervisors should give as much advance notice as possible to employees when requiring the use of compensatory time.

For the purpose of computing overtime, compensatory time, when taken, is not counted as hours worked.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01