Policies & Procedures Manual

362

Policy No: 735.1

Policy Contact: Vice President for Business Operations

Policy Title: OVERTIME/COMPENSATORY TIME

The purpose of this policy is to establish guidelines to comply with Federal and State laws regarding overtime and compensatory time off. The concept of hours worked is a crucial determining factor in complying with the Fair Labor Standards Act (FLSA). According to the U.S. Supreme Court, an employee must be compensated for “all time spent in physical or mental exertion (whether burdensome or not) controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer or his business.” The method for compliance is entirely within each employer’s discretion and may include a combination of responses. Employees may not agree, even voluntarily, or otherwise to waive their rights to the FLSA’s protection. All College positions are classified as exempt or non-exempt in accordance with the FLSA of 1985, as amended, and the United States Department of Labor. Exempt positions are excluded from the minimum wage and overtime provisions of the act and are generally identified as faculty, executive, administrative, managerial, and other professional staff. Non-exempt positions are generally identified as support staff, clerical, secretarial, technical, paraprofessional, skilled craft, service, and maintenance. The distinctions reflected above are generalities and the complete criteria of the FLSA will be applied to each position to determine its status. Complete criteria for evaluation of college positions in accordance with the FLSA are available from the Director of Human Resources. The exempt/non-exempt status of a position will be communicated to an employee at the time of employment and will be reflected on the employee’s Employment Contract/Staff Salary Record. Human Resources is responsible for collecting data and determining which positions are exempt and non exempt from overtime pay/compensatory time. Human Resources is responsible for sharing this information with the department/unit heads and advising them on overtime matters. The department/unit heads are responsible for communicating to their employees at the time of employment the following: a. Whether their position is non-exempt and eligible for overtime pay/compensation time when hours worked exceed 37 hours per week; b. the Overtime/Compensatory Time Policy and Procedures; c. how overtime hours are handled in the unit, the projected extent of overtime work, and the time of year it will most likely occur; and d. the degree to which work schedules may be modified. Exempt/Non-Exempt Positions

Exempt Employees

Employees exempt from the FLSA are not granted overtime compensation in any form. Exempt employees within the College are expected to work the hours required to do their job in an effective and efficient manner.