Utah Valley University
Policies and Procedures

Title Overtime for Non-exempt Employees Number 326
Section Human Resources Approval Date Jun 18,1992
Subsection Conditions of Employment Effective Date Jun 18,1992
I. Policy

Overtime is authorized time worked in excess of 40 hours in any one-week period of nonexempt employees.

Overtime must be kept to a minimum and should be permitted only in exceptional circumstances. Overtime may not be worked at the option of the employee and, unless necessitated by a natural disaster or other unusual emergency situation, must have prior written approval of the appropriate supervisor and administrator responsible for the account to which the overtime is charged.

  1. Employee Exempt From Overtime
    1. Inpiduals 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 U.S. 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 institution administrator(s), the personnel director will determine exempt or nonexempt status of employees and will furnish such information to supervisors as requested.
    3. Inpiduals who volunteer their services to the institution are excluded from the definition of "employee" and thus are excluded from coverage by the FLSA. Volunteers may be paid expenses, reasonable benefits, nominal fees, or a combination of these, but they may not receive the same compensation as regular employees. 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.
  2. Calculation of Overtime Hours
    1. For purposes of computing overtime hours, the institution's standard work week begins at 12:01 a.m. Saturday and ends at midnight the following Friday. All overtime must be recorded to the nearest quarter-hour increment. Holidays are counted as time worked during the week: vacation, sick leave, and compensatory time off are not counted as time worked in calculating overtime hours.
    2. At their own option, 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. The hours worked in the second position do not count as overtime. In addition, at their own option and with the approval of the appropriate supervisor, employees may substitute during scheduled hours for other employees having the same position. The hours involved are reedited to the scheduled employee, not to the substitute employee, and are not counted as overtime. Such substitute hours need not be reported to the Personnel Office.
  3. Compensatory Time Off for Overtime
    1. Compensatory time is authorized time off in compensation for accrued overtime hours. Compensatory time is granted at the rate of 1 1/2 hours for each 1 hour of overtime worked.
    2. A record of overtime hours worked for which compensatory time will be taken should be submitted to the Personnel Office as it is accrued. Both the time worked, recorded in quarter-hour increments, and the compensatory hours earned should be listed. Likewise, a record of compensatory time off should be submitted to the Personnel Office as it is taken.
    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 not to unduly disrupt the efficient operation of the department.
    4. A maximum of 480 compensatory time hours may be accrued by employees working in a public safety, emergency response, or seasonal activity. For all other employees, the maximum accrual is 240 hours. An employee who has accrued the maximum number of compensatory hours will be paid compensation in cash for any additional overtime hours worked.
    5. 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.
  4. 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 the rate of 1 1/2 times their regular hourly wage.
    2. When overtime pay is to be granted, the employee's supervisor submits a Payroll Action Form and time sheet listing only the overtime hours worked. These documents list the appropriate overtime hourly rate, cost code, and the object code 457. The forms will then be processed following the normal procedure for hourly payrolls, reflecting approval of the appropriate administrator, the personnel director, and the Business Office. Once the original Payroll Action Form has been processed, additional time sheets may be submitted on that code only if approved by the appropriate administrator.
    3. When an employee normally 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, the overtime pay will be prorated among departments.
Nancy Bartlett, Policy Facilitator : mailto:Nancy.Bartlett@uvu.edu | 801.863.8156
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