Non-exempt personnel are paid on an hourly basis and are entitled to overtime, consistent with the provisions of this policy. 

I. Definitions

A. Established Workweek

The seven consecutive twenty-four hour periods beginning 12:01 a.m. Sunday and ending 12:00 midnight Saturday.

B. Overtime

The hours worked in excess of 40 by a non-exempt employee during the established workweek.

C. Hours Worked

All the time that a non-exempt employee is required to be on duty or at a prescribed workplace, and all the time during which such employee is permitted to work away from the prescribed workplace.

D. Overtime Pay

Monetary compensation at the rate of 1–1/2 times the non-exempt employee's regular rate for all hours worked in excess of 40 during the established workweek.

E. Compensatory Time

Leave with pay at the employee's regular rate granted to a non-exempt employee at the rate of 1–1/2 hours times the number of hours worked in excess of 40 during the established workweek.

F. Flextime

The daily work hours are determined on a flexible time schedule required by or upon the approval of the supervisor.

II. Rule

In compliance with the Fair Labor Standards Act, a non-exempt employee who works overtime shall receive either compensatory time or overtime pay. In computing the hours worked, the computation shall include all the time that an employee is required to be on duty or at the prescribed workplace; any bona fide work which the employee performs away from the premises if the supervisor knows or has reason to believe that the work is being performed; unauthorized work if the supervisor could have stopped the work but did not, or if he/she knows or has reason to know of the work performed; and the time during which the employee, by reason of official responsibilities, is required to attend lectures, meetings, training programs, and so forth. A bona fide meal period which occurs during the scheduled workday is not computed as hours worked if the employee is completely relieved from duty. Rest periods (breaks) of short duration (20 minutes or less) must be computed as hours worked.

III. Regulations

A. The standard full-time load for non-exempt employees shall be 40 hours during the established workweek.

B. Overtime for any non-exempt employee must have the prior authorization of the appropriate department head/director, dean/manager, or unit vice president. Hours worked by an employee without the employer's authorization or contrary to instructions may or may not be considered in calculating hours worked.

C. Overtime shall not be authorized unless there is an absolute need to meet a deadline that could not be met during the normal workweek, to overcome time lost due to conditions beyond the control of the College, or to meet the demands of a crisis situation.

D. Except for situations that create severe scheduling problems for the College, compensatory time will be the method of compensation. Compensatory time shall be scheduled by the immediate supervisor with reasonable effort being made to accommodate the employee.

1. In determining the number of hours worked by an employee within a given week, time spent on vacation, sick leave, and holidays will not be counted as time worked.
2. If compensatory time is taken during the same week that extra hours are worked, it will be taken at the rate of one hour off for each extra hour worked. If compensatory time is taken in other workweeks, it will be taken at the rate of 1-1/2 hours off for each extra hour worked.
3. Compensatory time accrued must be taken within 30 workdays or the employee must be given overtime pay for each hour of compensatory time past the 30-workday period.
4. Compensatory time may not be transferred to any other type of leave or to another agency.

E. Overtime pay may be granted the employee when the compensatory time method may create a severe scheduling problem for the College. Such monetary compensation will only be given after approval by the unit vice president, who will submit a memorandum to Payroll authorizing payment for the compensatory time not taken.

F. Daily time records for each non-exempt employee, including overtime worked and compensatory time taken, must be kept and recorded in accordance with the following instructions:

H. Flextime schedules are established between an employee and his/her immediate supervisor. Approval of flextime will be made in the best interest of the institution.

1. Typically, schedules are established between the hours of 7:30 a.m. and 6 p.m., providing one hour for lunch.
2. Except in extenuating circumstances, flextime schedules should not be arranged for four-day workweeks.
3. Exceptions to typical scheduling (cited in 1) will receive the approval of the unit vice president.

Changes

Changes approved by the Board of Trustees on May 6, 2020