Policy 509 - Overtime Pay
509. OVERTIME PAY
The University compensates staff employees in accordance with University policy as well as applicable California wage and hour laws and the federal Fair Labor Standards Act (“FLSA”), as may be amended from time to time.
Consistent with California wage and hour laws and the federal Fair Labor Standards Act, non-exempt employees at the University are entitled to overtime pay. The University’s overtime policy is also applicable to non-exempt temporary and/or special assignment employees.
HOURS OF WORK
Each department of the University establishes the normal work days and work shifts for positions within the department. The standard work week begins at 8:00 am on Monday and ends at 5:00 pm on Friday. For purposes of calculating pay and overtime the workweek consists of seven consecutive 24 hour periods beginning at 12:00 am Sunday and ending 11:59 pm Saturday; therefore, Saturday is the 7th day of the workweek. Employees should be advised of their normal work days and work shifts before they are hired; however, department heads may change the established work day or shift according to the business needs of the department.
Non-exempt employees are paid time and one-half their regular rate of pay for:
- All hours worked beyond eight (8) in a workday
- All hours worked beyond forty (40) regular hours in a workweek.
- The first eight (8) hours worked on a Saturday where the employee has worked on each of the prior six days.
Non-exempt employees are paid double their regular rate of pay for:
- All hours worked beyond twelve (12) in a single workday.
- The hours worked beyond eight (8) on Saturday where the employee has worked on each of the prior six days.
Approval of Overtime
The supervisor must approve all overtime in advance of the hours actually being worked. An employee may request overtime in order to complete an assignment; however, the supervisor is not obligated to grant the overtime request.
An employee who works overtime without the prior approval of his or her supervisor is in violation of this policy and may be disciplined. Nonetheless, when an employee works overtime, even without the approval of the supervisor, overtime must be recorded on his or her time sheet and paid in accordance with applicable law.
For the purpose of computing whether more than forty (40) hours in a week or eight (8) hours in a day are worked, the University counts only those hours actually worked and excludes any leave, whether paid or unpaid.
Additionally, where the hours are worked in more than one position and/or department of the University, the highest hourly rate will be used to calculate and pay overtime.
When overtime needs arise in a department, a supervisor may require overtime of employees. It is expected that employees work overtime as requested. The supervisor should make every effort to notify employees in advance concerning the date and amount of overtime hours required.
All employees performing duties classified as exempt are not covered by California’s wage and hour laws and/or the FLSA and, therefore, by definition, are not entitled to overtime pay. Depending on the requirements of the position, additional work time may be necessary beyond the normal schedule. It is expected that exempt staff will work as needed to accomplish the goals and duties of the position.
The University allows non-exempt employees to use makeup time when they need time off to tend to personal obligations. Employees may take time off and then make up the time later in the same workweek, or may work extra hours earlier in the workweek to make up for time that will be taken off later in the same workweek.
All makeup time must be worked in the same workweek as the time taken off. Additionally, employees may not work more than 11 hours in a day or 40 hours in a workweek as a result of making up time that was or would be lost due to a personal obligation. Makeup time worked will not be paid at an overtime rate.
An employee must submit a written request for makeup time to his or her supervisor. Requests for make-up time must be made at least 24 hours in advance of the requested time off or working the make-up time, whichever is sooner.
Requests will be considered based on the legitimate business needs of the department at the time the request is submitted. A separate written request is required for each occasion that an employee requests makeup time. Makeup time requests must be pre-approved in writing before the requested time off is taken or the makeup time is worked, whichever is sooner.
If the time off is taken and an employee is later unable to work the scheduled makeup time for any reason, the hours missed will normally be unpaid. However, supervisors may arrange another day to make up the time if possible, based on scheduling needs. Additionally, if makeup time is worked in advance of time planned to be taken off, the employee must take that time off, even if it the time off is no longer needed for any reason.
An employee's use of makeup time is completely voluntary. The University does not encourage, discourage, or solicit the use of makeup time.
Call-back time occurs when a nonexempt employee responds to an emergency call and returns to work outside his/her normal working hours without advance notice. Call-back time is paid the same as regular hours worked. The regular or agreed wage for this period, as well as applicable overtime, must be paid.
The minimum compensation for "call-back" time is two hours pay. Compensation for call-back time includes the actual time spent traveling to and from the call-back duty.
ON-CALL OR STANDBY TIME
Non-exempt employees who are away from work but are required to stay at home or “on-call” (also known as “standby”) status may be eligible for pay for the hours spent “on-call” or on standby status. However, “on-call” time is not compensable if the employee can use the time spent on-call primarily for his/her own benefit.
In determining whether on-call time is work time, the University considers:
- Geographic restrictions on the employee’s movements;
- Required response time;
- The employment relationship and industry practice; and
- Any other limitation on the employee’s ability to use the time for his/her own benefit.
Please contact the Department of Human Resources for consultation regarding whether on-call or standby time constitutes “work time” for which compensation is owed.
Carrying a pager or similar electronic device normally does not constitute hours worked, provided the employee is free to come and go as he or she pleases.
RESPONSIBILITY & RESOURCE
Each department head is responsible for assuring compliance with this policy. Each employee is responsible for appropriately and accurately recording all hours worked on his/her timesheet, working overtime when required and for obtaining supervisory approval in advance of working requested overtime. Supervisors are responsible for scheduling and assuring that employees properly record all regular and overtime hours. For more information please refer to the Guidelines for Managing Overtime and Related Scheduling.
Cross-reference to Staff Policy 203:Employment Categories
Policy Approved: October 23, 1998
Last Updated: May 26, 2009
Maintainer: Human Resources