Subject:    Overtime (Non-Exempt Employees)
Guideline/Procedure for AR#: 6.09.011
Date Effective: 07/15/2010


I.     General 

        Non-exempt employees must receive overtime pay for hours worked in excess of a forty-hour (40) hour work week, at the rate of time and one-half of the employee’s regular rate of pay. 


        A.    Exempt Employees:  all College employees who are categorized as (1) Administrative or (2) Professional/Technical (which includes Analysts, some Coordinators, Managers, some Specialists, Staff Interpreters, and Supervisors).

        B.    Non-Exempt Employees: all College employees who are categorized as Classified (which includes Administrative Assistants, Building Attendants, Clerks, Library Assistants, Technical Staff Assistants, and some Technicians). 

        C.    Hours Worked  

1.       All time during which an employee is required to be on duty at the employer's premises or at a prescribed work place is considered as hours worked. 

2.       To compute overtime, an employer cannot average the hours of work by an employee over two or more work weeks.  

3.       Paid time which is not worked (such as vacation, sick leave, holidays, administrative leave and inclement weather) does not count as work time for the purpose of determining overtime.  An employee must actually work over 40 hours in a week in order to earn overtime. 

4.       When adverse weather requires an employee to leave work early or prevents an employee from reporting to work, lost time is not counted as time actually worked.  

5.       If an employee works more than eight hours one day but is directed or allowed to take off an equal number of hours on another day within the same work week, no overtime obligation is incurred.  

6.       Employees required to work on a designated holiday are entitled to receive their regular pay plus holiday pay as determined by their employment status. 

7.       Breaks are counted as work time. 

a.       Full‑time employees may take one 15-minute paid break during the first half of their shift (prior to the meal period) and one 15-minute paid break during the second half of their shift (after the meal period).   

b.       Breaks may not be combined with the meal period or another break.  Also, breaks may not used in order to report to work late or leave early, and may not be used in conjunction with any type of leave.  If not taken during a specified time frame, breaks are lost since they may not be accrued.   

8.       Meal periods are not counted as work time.  

9.       Only overtime hours assigned and authorized by the immediate supervisor will be counted towards overtime.        

10.    Travel time which is part of an employee’s working day is considered hours worked. Travel from one job site to another during the workday is counted as work time.  Travel time spent going to and from work is not considered hours worked.  

11.    Training related to an employee’s current duties will be considered work time, even if participation is voluntary, if it is approved by the immediate supervisor and occurs during regular work hours.  

II.    Procedures 

        A.   Employees may be requested to work in excess of their regularly scheduled hours by their supervisors.  Advance notice will be given to employees whenever possible; however, situations occasionally arise that do not permit advance notification.  Supervisors should seek to notify employees who are scheduled for overtime work as soon as possible. 

        B.    Volunteers for overtime work should be requested, if appropriate.

        C.    Employees may be released from mandatory overtime when a reasonable documented excuse is provided, such as: 

·         Family emergency

·         Employee illness

·         Personal long-range commitment (court date, legal appointment, default of a deposit, etc.)

·         Important family function (wedding, reunion, scheduled out-of-town travel, etc.)  

        D.    Once approved, overtime hours shall be recorded in the College’s time reporting system.  The supervisor shall review and approve the reported overtime.

        E.    Payment for overtime will be included in the paycheck for the period immediately following the one in which it was earned.

        F.    On-call time will not be counted as hours worked for overtime purposes.

        G.    No overtime may be worked unless specifically requested by the supervisor.

        H.    Any non-exempt employees of the College who are engaged in dual employment are subject to the restrictions on overtime pay specified in Administrative Rule #6.06.003, Dual Employment. 


President/CEO:   Stephen B. Kinslow Date:  08/05/10