Policy and Procedures

Policy Office

>> The Online Policy System

Printer Friendly

Utah Valley University

Policies and Procedures

I. Purpose

The university provides institutional departments with an authorized method to provide staff with additional compensation for extenuating work hours performed under identified and approved special circumstances and conditions

II. References

Fair Labor Standards Act of 1938 (FLSA), as amended (29 USC §201 et seq.: 29 CFR Parts 510 to 794)

III. Terms

Call-in pay: Pay given to employees who are called in to work on critical operational duties.
Compensatory time: Authorized time off in lieu of monetary payment for accrued overtime hours.
Exempt employee: Any employee: (1) who is exempt from the wage and hour provisions of the Fair Labor Standards Act; (2) among the classification of employees, excluding faculty and executives, who are "exempt" from the requirements of the Fair Labor Standards Act (FLSA); (3) who is an assistant to an administrator and other non-faculty employees whose positions require a high level of skill and advanced knowledge in a highly technical or professional field.
Fair Labor Standards Act (FLSA): A federal lawwhich establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.
Nonexempt: The classification of employees, excluding faculty and executives, who are paid either by a wage rate or by a salary that is based on a per hour wage rate and who receive time and a half for hours worked beyond 40 hours a week in compliance with the FLSA.
Overtime Pay: Pay which is at least 1.5 times an employee's regular hourly rate for all hours worked over 40 in a workweek.
Overtime status: Overtime is authorized time worked in excess of 40 hours in a workweek by nonexempt employees.
Premium holidays: Holidays that are designated and approved annually by the Board of Trustees.
Premium holiday pay: Pay that is given to nonexempt employees who are authorized to work on premium holidays.
Staff: Non-faculty, non-student employees.
Workweek: The workweek begins at 12:01 a.m. Saturday and ends at 12:00 midnight the following Friday.

IV. Policy

Staff employees shall be compensated for their contributions that support the achievement of operational requirements. To this end, the institution may require employees to work at times outside of their normal work hours. When this occurs, appropriate pay treatment will be used to compensate employee efforts during critical operational circumstances as per the procedures herein.

V. Procedures

Overtime Pay
1. Overtime for Nonexempt Employees:
  1. Overtime is authorized time worked in excess of 40 hours in a workweek by nonexempt employees.
  2. Overtime must be kept to a minimum and should be permitted only in unusual circumstances. Overtime may not be worked at the option of the employee and, unless necessitated by a natural disaster or other emergency situation, must have prior written approval of the appropriate supervisor and administrator responsible for the account to which the overtime is charged.
2. Employees Exempt from Overtime
  1. Individuals employed in a bona-fide executive, administrative, or professional capacity are exempt from overtime. Exempt status is determined by the guidelines of income level, percent of time employed, supervisory responsibilities, and other complex factors as defined in detail in the Fair Labor Standards Act (FLSA), as amended. Specifically listed as exempt are persons employed in the capacity of academic administrative personnel and teachers.
  2. In consultation with the appropriate college administrator(s), the Executive Director of Human Resources or designee will determine exempt or nonexempt status of employees and will furnish such information to supervisors as requested.
  3. Individuals who volunteer their services to the institution are excluded from the definition of employee and thus are excluded from coverage by the FLSA. Regular employees of the institution may not volunteer their services to the institution if the work is of the same type they are employed to perform.
3. Calculation of Overtime Hours
  1. For purposes of computing overtime hours, the institution’s standard workweek begins at 12:01 a.m. Saturday and ends at 12:00 midnight the following Friday.
  2. All overtime must be recorded to the nearest quarter-hour increment.
  3. Holidays, vacation, sick leave, and compensatory time off are not counted as time worked in calculating overtime hours.
  4. At their own option and with the approval of their supervisor, employees may work for the institution on an occasional or sporadic basis in a part-time position different than their regular employment and be compensated at the normal rate for that position.
4. Compensatory Time Off for Overtime
  1. Compensatory time is granted at 1.5 times of the employee’s regular hourly rate for each one (1) hour of overtime worked.
  2. Compensatory hours worked must be entered into the HR/Payroll system for processing and tracking.
  3. Compensatory time off should be taken within a reasonable period after it is accrued. The time off should have prior approval of the appropriate supervisor so as to not unduly disrupt the efficient operation of the department.
  4. Compensatory time hours will be accrued as per public policy and regulations.
  5. An employee who has accrued the maximum number of compensatory hours will be paid monetary compensation for any additional overtime hours worked.
  6. Upon termination, an employee's payment for accrued compensatory time is calculated at the employee's average regular rate of pay for the final three years of employment or the final regular rate, whichever is greater.
5. Pay for Overtime
  1. When compensatory time off is not taken in payment for overtime worked, nonexempt employees are paid additional compensation for overtime hours at 1.5 times their regular hourly pay rate.
  2. When an employee performs work in more than one department and is required to work overtime, the department creating the overtime will bear the cost of the overtime pay. If the responsible department cannot be identified clearly by the Payroll department, the overtime pay will be prorated among departments.
Premium Holiday Pay
1. Eligible Employees
  1. Nonexempt employees in positions that are critical to the operation and safety of the institution will be eligible for premium holiday pay. This policy applies to nonexempt full-time and part-time employees. Employees must be performing work assignments physically on the institution’s campuses/worksites.
  2. Exempt employees in positions that are critical to the operation and safety of the institution will receive equal time off at a mutual convenience of the employee and the employee’s supervisor, if required to work on a premium holiday.
2. Premium Holiday Pay Application
  1. Part-time, nonexempt employees who are required to work on a premium holiday will receive 1.5 times their regular hourly pay rate.
  2. Full-time, nonexempt, benefit eligible employees will receive 1 hour at regular rate of pay plus 1 additional hour at regular rate of pay for each hour worked on a premium holiday.
  3. Employees will only be eligible for premium holiday pay if their supervisor is requiring the employee to work on a premium holiday. Employees who work premium holiday hours without their supervisor’s authorization will not be eligible for premium holiday pay.
3. Premium Holiday Pay Hours
  1. Premium holiday hours are paid for hours that occur from 12:01 a.m. to 12:00 midnight on the day of the premium holiday. Hours worked outside this time will not be eligible for premium holiday pay.
4. Premium Holiday Occurring on a Weekend
  1. The day the institution observes a premium holiday is the day that employees are eligible for premium holiday pay. If a premium holiday falls on a Saturday or Sunday and the institution observes the holiday on the following Monday or previous Friday, the supervisor will determine which day the employee is eligible for premium holiday pay.
5. Premium Holiday Pay and Overtime Pay
  1. Premium holiday hours are not considered as time worked in the computation of overtime.
Call–in Pay
1. Employees called in to work on critical operational duties will be paid at least four (4) hours of call-in pay. Critical operational work duties are performed physically on the institution’s campuses/worksites. Rate of pay for these hours will be at regular rate of pay or at overtime rate if overtime pay rate is applicable. Call-in pay does not occur on a premium holiday. When a premium holiday occurs, the rate of pay for the premium holiday will supersede the call-in pay.
Determination of Critical Operational Duties
1. The appropriate vice president is responsible for determining critical operational duties.

Cara O'Sullivan, Policy Officer | mailto:cara.osullivan@uvu.edu | (801) 836-7355

Last Updated 9/14/09