4.8 Overtime pay
The Fair Labor Standards Act establishes the federal wage and hour law governing the payment of overtime. Only employees in nonexempt positions are eligible for overtime pay. Overtime pay is earned based upon hours worked over 40 hours in the university's workweek, a seven-day period that begins at 12:01 a.m. Monday and ends at 12 midnight Sunday. Overtime work is not to be performed at the discretion of the employee. Any overtime work must be approved and scheduled, in advance, by the employee's department head or supervisor. However, employees who are "suffered or permitted to work," whether approved by the supervisor or not, must record all hours worked and are entitled to overtime. Overtime for full-time employees is automatically compensated as one hour of the employee’s regular hourly rate and ½ hour of compensatory time banked for each hour worked over 40 in an employee’s workweek.
An example of an employee "suffered or permitted to work" would include a nonexempt employee taking work home after the normal work day. Although the supervisor must approve the change in schedule and any overtime in advance, all hours worked, with or without supervisory approval, must be reported and are counted as hours worked. Another example is a nonexempt employee who is at work early and/or who stays late. The supervisor must approve the change in schedule and any overtime in advance. These hours also should be recorded and counted as hours worked, with or without supervisory approval. Employees who do not request and/or receive approval for changes in work schedule and/or overtime but work overtime are subject to discipline.
The university may request employees to work overtime due to special needs of the department. Supervisors will give as much notice as possible to employees when overtime work is anticipated. Advance notice, however, may not always be possible. Refusal to work mandatory overtime will be grounds for disciplinary action up to and including termination.