4.06 Overtime

Last Revised: 11 June 2018

Refer Questions to: Executive Director, Human Resources Services

Scope

This policy applies to staff in all offices and divisions of Gallaudet University, unless specifically covered by collective bargaining agreements made between Gallaudet University and certified bargaining agents.

Policy

The University complies with all appropriate legal requirements regarding the payment of overtime. The University may require employees to work over 40 hours per week. Overtime work in an employee's department should be limited to unusual, essential, or emergency situations, and insofar as practical, should be fairly distributed. No overtime can be worked without the advance approval of the employee's supervisor.

All employees of the University are classified as either exempt or non-exempt. Classifications and overtime eligibility conform to guidelines set forth in the Federal Fair Labor Standards Act. Only those employees classified as non-exempt are eligible for overtime compensation. Overtime for non-exempt employees is paid at one and one-half times the hourly rate for all hours worked over 40 in the established work week. Non-exempt employees are not eligible for compensatory time in lieu of overtime. Additionally, the University compensates regular and extended temporary non-exempt employees who are required to work on a holiday at the rate of double time for hours worked in lieu of receiving holiday pay for those hours.

Exempt employees are required to work the number of hours and days necessary to perform the job satisfactorily and are not eligible for overtime. Exempt employees may be given time off with pay by the supervisor in recognition of excessive hours already worked. This is not, however, considered an hour-per-hour tradeoff. The compensatory time earned by exempt employees must be used within the same or the following pay period.

Approved by: Gallaudet University Administration

Procedures

OVERTIME - NON-EXEMPT PERSONNEL
The established period for determining hours worked and pay due for non-exempt employees is Monday through Sunday. Non-exempt employees must receive overtime pay for all hours worked over 40 per week during the established period. Non-exempt employees eligible for overtime will be compensated at the rate of 1.5 hours for each hour worked over 40 hours during the established period.

Overtime is paid based on actual hours worked each week. Paid leave and institutional directed time off (e.g., snow days or holidays) does not count as time worked.

In accordance with the FLSA, employees are not allowed to take compensatory time off in lieu of payment for overtime hours worked. However, a change in work week is allowed provided the time off is in the same work week as the overtime worked. 

When a non-exempt employee works overtime on a job for which a different rate of pay has been established, the University may use the weighted average of two rates formula, as defined in the Fair Labor Standards Act, in computing the overtime rate.

  1. HOLIDAY PAY
    All regular and extended temporary employees are eligible to be compensated at their regular hourly rate for hours normally scheduled to be worked on a University approved holiday. If an employee works a non-standard work week and the holiday falls on the day off, the employee is given another day off, during the same or following pay period. Part-time employees are compensated according to the number of hours they normally would have been scheduled to work.

    Should a regular or extended temporary non-exempt employee be required to work on a University approved holiday, the employee is paid double time for all hours worked in lieu of receiving holiday pay at straight time for those hours. In units which must be open on a holiday, employees may volunteer to work the holiday, with the approval of the supervisor, at their regular rate and receive equal time off at another time, usually during the same or following pay period, as long as the hours worked in that week do not exceed 40.
  2. INCLEMENT WEATHER
    Should a regular or extended temporary non-exempt employee be required to work during the University closure due to inclement weather, the employee is paid double time for all hours worked in lieu of receiving time off due to the University closure.
  3. RECORDS OF HOURS WORKED
    It is the responsibility of the unit administrator to maintain records of hours worked for each non-exempt staff employee. All non-exempt employees are required to clock in and out through the timekeeping system. Regular and extended temporary staff exempt employees are not required to clock in or out, however, their leave must be recorded in the timekeeping system.
  4. ADMINISTRATION OF THE FAIR LABOR STANDARDS ACT
    Human Resources Services is responsible for ensuring employee classifications pursuant to the Act. The Payroll Office is responsible for ensuring that employees are appropriately paid for overtime.