3.29 – Overtime Compensation (Non-Exempt)

A.    Purpose

To establish standards for overtime payments to non-exempt employees.

B.    Policy

The college will pay non-exempt employees, consistent with state and federal laws, at the designated rate for hours over 40 in a work week.

C.    Procedures

Payment of Overtime

Non-exempt employees will be paid overtime at one-and-one-half their regular rate of pay for all hours worked in excess of 40 hours in a work week.

Only time worked, and college holiday hours are counted toward the 40 hours per week required for overtime pay.

Pay for working more than eight (8) hours in a day will be at the employee’s regular hourly rate until at least 40 hours of time worked have accumulated in that week.

Not Included in Overtime Pay Calculation

The following hours are not considered in determining qualifying overtime hours: vacation leave, sick leave, FMLA leave, workers compensatory leave, bereavement leave, and military and civil leave.

General Guidelines for Overtime

Non-exempt employees should not work more than 40 hours in a week unless specifically assigned or approved by a supervisor in advance. Though an employee will be paid for any hours worked, including unauthorized overtime, they may be subject to discipline for performing unauthorized work.

A supervisor may require an employee leave work early and/or not come into work when the employee has already worked or could potentially work more than 40 hours in a work week.

Employees may be required by their supervisor to work overtime based on business needs. Supervisors will provide as much advanced notice as possible under the circumstances and will assign overtime work as fairly and consistently as possible given the nature of the work to be performed. Refusal to work scheduled overtime may result in discipline, up-to and including termination.

Employees cannot waive their right to overtime compensation for hours worked over 40 in a work week.

Employees may not receive time off in a future work week in lieu of overtime compensation earned in a prior week.

D.    Definitions

Work week: The college’s work week is Sunday – Saturday.

E.    Authority

This policy is maintained under the authority of the College Director of Human Resources.

F.    Related Policies

3.27 Payroll

G.    Implementation

Purpose, Procedures, Definitions, Authority and Related Policies sections approved and adopted by the Chancellor’s Cabinet on 4/7/20.

Policy approved and adopted by the Board of Trustees on 5/11/20. Set for review on fiscal year 2023-2024.