4.06 Overtime and Deductions From Pay

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.

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 for non-exempt employees should be limited to unusual, essential, or emergency situations, and insofar as practical, should be fairly distributed. No overtime can be worked by a non-exempt employee 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 and applicable local law. 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.

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, in the sole discretion of the supervisor, 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, nor is intended to suggest that working more than 40 or some other threshold of hours per week is “excessive” or otherwise warrants compensatory time off. The compensatory time earned by exempt employees must be used within the same or the following pay period.

OVERTIME - NON-EXEMPT EMPLOYEES
The official workweek begins at midnight on Monday and ends at 11:59 p.m. Sunday. Non-exempt employees must receive overtime pay for all hours worked over 40 per week during the established period, at the rate of 1.5 times the employee’s “regular rate” as that term is defined under the FLSA.

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.

Non-exempt employees must obtain advance approval to work overtime hours. Failure by a non-exempt employee to obtain approval for working overtime will result in discipline, up to and including termination of employment.

1. INCLEMENT WEATHER
   If Gallaudet closes, certain regular or extended temporary employees considered essential may be expected to report for work; and these employees should be given equal time off at another time for hours worked within their normal schedule.  Non-exempt employees who work outside their normal schedule will be paid at their regular rate, and if they meet 40 hours worked they will be paid at their overtime rate. 

2. 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. Exempt employees are not required to clock in or out, however, their leave must be recorded in the timekeeping system.
   
   Non-exempt employees are required to record their time accurately. Each pay period, each non-exempt employee will be required to certify that their time records are accurate. If they are not, the employee must immediately notify his or her supervisor. Any time performing work for Gallaudet University, whether on- or off-campus, constitutes time worked. Fraudulent timekeeping or falsification of records is grounds for discipline, up to and including termination of employment.

3. DEDUCTIONS FROM PAY/SAFE HARBOR
   Gallaudet University does not make improper deductions from the salaries of exempt employees and complies with the salary basis requirements of the Fair Labor Standards Act. Employees should promptly review each pay statement for errors. If an exempt employee believes that an improper deduction has been taken from their pay, the employee should immediately report the deduction to the Payroll Office. The University will promptly investigate, and if it is found that an improper deduction has been made, the employee will be reimbursed for the improper deduction. In addition, Gallaudet will take reasonable steps to ensure that the error does not recur in the future. For the avoidance of doubt, if an exempt employee works part of a workweek, the employee will be paid for the entire workweek, including any applicable paid leave, unless a deduction is permissible under applicable law.
   DOL Fact Sheet #17G summarizes the permissible deductions for salaried exempt employees.
   

4. ADMINISTRATION OF THE FAIR LABOR STANDARDS ACT
   Human Resources is responsible for ensuring employee classifications pursuant to the Act. The Payroll Office is responsible for ensuring that employees are appropriately paid for overtime.