Human Resources Policy Manual

<<  Section 7: Hours of Work and Overtime  >>

  1. Standard Work Week
  2. Flexibility
  3. Overtime — Fair Labor Standards Act Requirements
  4. Concurrent Employment
  5. Independent Contractor/Staff Member
  6. Salary Reduction

  1. Standard Work Week

    1. The standard University work schedule is 8:30 a.m. to 5:00 p.m., Monday through Friday. For payroll purposes, the standard work week consists of seven days, 12:01 a.m. Monday through midnight the following Sunday.

      1. Non-exempt staff who are on a 37.5-hour standard work week, which is defined as 100% full-time equivalent, receive an unpaid hour for lunch.

      2. Non-exempt staff on a 40-hour standard work week receive an unpaid one-half hour lunch break.

    2. Exempt staff schedules are dependent upon job requirements and are the responsibility of the supervisors.

  2. Flexibility

    1. While the needs of most supervisors and staff members may be met within the standard work hours and week, supervisors and staff members are free to arrange an alternative work schedule that may better satisfy the needs of both the supervisor and the staff member. Divisional Human Resources Office staff and Human Resources managers are available to assist in developing alternative work schedules.

  3. Overtime — Fair Labor Standards Act Requirements

    1. This policy applies to non-exempt employees.
    2. Overtime pay for non-exempt employees will be determined on the basis of all hours worked. Time during which no work is performed (i.e., vacation leave, holiday, sick leave) will not be counted in the calculation of overtime pay.
    3. Non-exempt employees must record the actual number of hours worked in the appropriate university time entry system on a weekly basis by the Wednesday of the following workweek.

      When a non-exempt employee works in excess of the scheduled work day, additional time worked is rounded to the nearest quarter hour (15 minute interval). It must be added to the non-exempt employee's work hours for the day and recorded in the university time entry system in increments of .25, .50, or .75 of an hour as appropriate.

    4. Non-exempt staff must be compensated at their standard rate for all hours worked up to 40 hours per week.
    5. Non-exempt staff must be compensated at the rate of one-and-one half time their regular rate, the amount used to calculate overtime compensation, for each hour worked in excess of 40 hours.
    6. Premium pay of at least time-and-a half for work performed during a university designated holiday (e.g., Commencement Day, New Year's, Martin Luther King's Birthday, Memorial Day, Christmas Day) will be excluded in the calculation of the non-exempt staff's regular rate. The extra pay provided by the premium pay of at least time-and-a half that is paid for working the holiday will be treated as overtime premium for the purposes of complying with the Fair Labor Standards Act.
    7. Managers and supervisors must review the time entries of their non-exempt employees on a weekly basis for accuracy and completeness and for overtime hours that might have been worked. Overtime hours worked must be calculated on a weekly basis and paid no later than the next pay period following the week in which the extra hours were worked.
    8. Non-exempt employees must obtain prior authorization from their supervisor before working additional hours. However, the university is required to pay for hours worked when there is no prior authorization from the supervisor. Employees who work without prior authorization must be paid but may be subject to disciplinary action.
    9. As a private employer, the University is not permitted by law to allow the accumulation of hours worked to be substituted for leave at a later date, (sometimes referred to as comp time, that is banking or carrying over overtime hours worked).

  4. Concurrent Employment

    1. Concurrent employment within the university is defined as:   Working additional positions in a department that is not the primary department, or working additional positions in the same department on an on-going basis.  Two or more jobs are active at the same time in the payroll system.  Each job will have a separate personnel number and position number.

    2. Employees are required to obtain prior approval from their department heads and the divisional HR Office before accepting concurrent employment.  

    3. Payment for concurrent employment needs to be closely coordinated between the two departments.   Each department is responsible for keeping accurate time records and maintaining compliance with the Fair Labor Standards Act.

    4. Non-exempt staff members who are authorized to work within the university after their regular hours or in a department or job other than their regular one must be compensated for all time worked.  If total time worked between the concurrent jobs is greater than 40 hours, the non-exempt staff member must receive premium pay ( one-and-one half times the regular hourly rate)  for each hour worked in excess of 40 hours a week.

    5. Overtime pay for non-exempt employees who work multiple jobs may be calculated using one of two methods:
      1. The weighted average of the hourly rates paid for the concurrent positions. Weighted average is determined by dividing total pay received for the workweek by the total hours worked in the workweek. OR

      2. The "rate in effect" when the overtime hours are worked. The "rate in effect" may be used only when multiple employment involves different kinds of work and different hourly rates of pay, and when there is a written agreement regarding overtime payment between the staff member and the department before work is performed. If a department wants to use the "rate in effect," it must consult and obtain approval from the division's human resources office before doing so. Note: staff member must sign an acknowledgement if this method is used.

    6. Consult with your divisional compensation office or HR representative to determine the appropriate method of calculating pay.

  5. Independent Contractor/Staff Member

    1. An individual who is currently employed by the University and who works beyond the hours regularly scheduled for additional compensation must be paid from the payroll system with appropriate income and FICA taxes being withheld unless the individual is a bona fide independent contractor.

    2. Payment is made to staff members who are paid semi-monthly by utilizing the Special Reduction and Overtime Payroll Request form.

  6. Salary Reduction (Docking)

    1. For Non_Exempt Staff

      1. Non-exempt staff members are paid for all hours worked. Their pay may be reduced for hours not worked, i.e., tardiness, leaving early, absences without accrued leave.

      2. When a non-exempt employee does not work the full work day, e.g., leave early, arrive late, or is absent without accrued leave, time not worked is rounded to the nearest quarter hour (15 minute interval) and reduces the employee's hours worked for the day in increments of .25, .50 or .75 of an hour, as appropriate. The employee's reduced hours worked for the day must be recorded in the university time entry system.

    2. For Exempt Staff
      1. Exempt staff members receive a full salary for any week in which work is performed without regard to the number of days or hours worked in the week. Generally, the weekly salary for exempt staff members may not be reduced due to a variation in the quality and quantity of work performed.

      2. The salary of exempt staff members may be reduced for the following reasons:

        1. One or more full days for personal reasons when accrued vacation leave is not available.

        2. Absences of one or more full days occasioned by sickness or disability when accrued leave is not available.

        3. Offset for fees received when on temporary military leave.

        4. Unpaid disciplinary suspensions for one or more full days imposed in good faith for infractions of workplace conduct rules, i.e., sexual harassment, workplace violence, or for infractions of safety rules of major significance.

        5. Initial or terminal week of employment.

        6. Unpaid leave under the Family and Medical Leave Act.

      3. When found or suspected, improper pay deductions must be reported to the divisional Human Resources Office or Human Resources Representative immediately. The divisional Human Resources Office or Human Resources Representative will immediately investigate such occurrences and will ensure that appropriate reimbursements to the affected employees are made promptly. Such improper deductions will not be permitted to occur in the future.