Overtime – Fixed Workweek Employees
Employees serving in job titles assigned specific workweek limits of 35 or 40 hours are entitled to be compensated for approved time worked in excess of their normal workweek at the rate of time and one-half. (There are various exceptions to this such as special “emergency condition rates” and work done on a day off granted by Executive Order of the Governor. Such matters are handled on a case by case basis in accordance with the State regulations, union contracts, and local practice.)
Employees may request to be credited for overtime worked by receiving payment or compensatory time which is at the discretion of the College. Once the compensatory time balance reaches 80 hours for employees represented by CWA or IFPTE, 100 hours for staff employees represented by AFT all subsequent overtime must be taken in payments. Compensatory time off can be taken with the advance approval of supervisors, as in the case with vacation time, but will be kept on record as long as it is not used. During fiscal emergencies, the college may provide overtime compensation in compensatory time only, within Fair Labor Standards Act (FLSA) guidelines.
Please note, in accordance with contractual agreements, any extension of the normal workday of fixed workweek staff beyond 15 minutes requires a full hour of overtime compensated at the rate of time and one-half. Therefore, any necessary overtime should be planned to avoid this. Overtime compensation procedures are contractual entitlements, and there should be no informal, in-house “banking” of extra hours worked by fixed workweek staff. All hours worked beyond the normal workweek must be approved in advance by the supervisor and Unit Head, must be recorded on overtime sheets for appropriate record keeping and compensation.
NE” (Non-Exempt) Employees
Those non-faculty employees in the “NE” category of employment may have irregular or variable work hours. The compensatory time policy for NL employees below applies to “NE” employees up to 40 hours per week. Beyond 40 hours, the overtime policy for fixed workweek employees applies (i.e., rate of time and one-half in payment or compensatory time).
Compensatory Time Policies – “NL” (No Limit) Employees
Bargaining Unit Employees
Those non-faculty employees in the “NL” category of employment (non-fixed work week) have no claim or entitlement to time off or cash compensation for hours worked beyond their normal schedule. However, unusual requirements for additional work time by these employees may be compensated by allowing roughly comparable amounts of time off, provided prior approval is given by the supervisor and Unit Head.
It is the policy of the College to grant hour for hour compensatory time off, with above-referenced approval, only when employees are required to work on a regularly scheduled day off. For those with Monday through Friday schedules, this means a Saturday, Sunday or Holiday. Compensatory time will not be granted for work done as an extension of the regular work day except under extraordinary conditions which must be explained in advance and approved by the VP Admin. & Finance prior to the dates(s) on which the time is to be worked.
It is the responsibility of unit heads to approve any extra time worked, schedule the time to be used, and maintain records of compensatory time balances. Time earned must be used within one calendar year from the time it is earned.
Management Employees (Salary Range D20 to D29)
Those provisions explained above for bargaining unit staff will apply. Time earned must be used within one fiscal year from the time it is earned.
Management Employees (Salary Range D30 and Above)
Those provisions outlined in the paragraphs above do not apply. Employees in this category work schedules approved by their supervisors and are not eligible for compensatory time on Saturdays or Sundays. They are, however, entitled to comparable time off on another work day approved by their supervisor if they work a State holiday. Time earned must be used within one fiscal year from the time it is earned.
For fixed work week staff, overtime sheets are completed and compensatory time balances are maintained centrally in the Payroll Office. For “NL” staff, compensatory time must be recorded on the recap timesheet on a bi-weekly basis.
Supervisor and Unit Head must approve in advance working on a Saturday, Sunday or a Holiday. Compensation for extension of normal work day can be considered only in extraordinary circumstances if approved by the supervisor, Unit Head and VP of Administration & Finance.
Exempt, or “NL” employees, are not entitled to cash compensation on compensatory time balances when leaving the employ of the College.
Overtime Eligibility and Compensatory Chart (PDF)
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