III. U. 3. Overtime and Compensatory Time
The Department shall comply with the Fair Labor Standards Act. Employees who are not exempt from the provisions of the Act shall be compensated for all hours worked over 40 during any regular workweek.
Whenever possible, supervisors shall schedule work so that employees, who must work more than the normal number of hours during a particular day, will be given compensatory time during the remainder of the work week and thereby keep the total number of hours worked to 40 or less.
If it is necessary for non-exempt employees to work more than 40 hours in any workweek, they may be given compensatory time, at a rate of one and one-half hours for each overtime hour worked. The maximum number of hours of compensatory time in lieu of cash that most employees may accrue per calendar year is 240. Alternatively, such employees may be paid overtime pay at a rate of one and one-half times their regular hourly rate for all hours worked over 40 during any regular workweek.
Executive, Administrative, and Professional Employees are exempt from the Act and are not entitled to overtime or compensatory time at the overtime rate. In appropriate circumstances, supervisors may provide their exempt employees with compensatory time at the regular rate when the employee has had to work an extraordinary amount of hours beyond their normal schedule.
The Commissioner and each Technical College President shall establish procedures and protocols for ensuring that all department employees are properly classified as exempt or nonexempt and for minimizing the amount overtime that is required to be assigned.
References
The Fair Labor Standards Act - 29 U.S.C. 8
FLSA federal regulations - 29 C.F.R. Chapter V, part 778
Adopted: July 1, 1987
Revised: October 2, 2001
Code 03-03-04
Approved