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Oct 6, 2022
Administration and Operatio...
4.06 Overtime and Deductions From Pay
College Hall 106
Last Revised: 2 Oct 2019
Refer Questions to: Executive Director, Human Resources
This policy applies to staff in all offices and divisions of Gallaudet University, unless specifically covered by collective bargaining agreements made between Gallaudet University and certified bargaining agents.
The University complies with all appropriate legal requirements regarding the payment of overtime. The University may require employees to work over 40 hours per week. Overtime work for non-exempt employees should be limited to unusual, essential, or emergency situations, and insofar as practical, should be fairly distributed. No overtime can be worked by a non-exempt employee without the advance approval of the employee’s supervisor.
All employees of the University are classified as either exempt or non-exempt. Classifications and overtime eligibility conform to guidelines set forth in the Federal Fair Labor Standards Act and applicable local law. Only those employees classified as non-exempt are eligible for overtime compensation. Overtime for non-exempt employees is paid at one and one-half times the hourly rate for all hours worked over 40 in the established work week. Non-exempt employees are not eligible for compensatory time in lieu of overtime.
Exempt employees are required to work the number of hours and days necessary to perform the job satisfactorily and are not eligible for overtime. Exempt employees may, in the sole discretion of the supervisor, be given time off with pay by the supervisor in recognition of excessive hours already worked. This is not, however, considered an hour-per-hour tradeoff, nor is intended to suggest that working more than 40 or some other threshold of hours per week is “excessive” or otherwise warrants compensatory time off. The compensatory time earned by exempt employees must be used within the same or the following pay period.
Approved by: Gallaudet University Administration
OVERTIME – NON-EXEMPT EMPLOYEES
The official workweek begins at midnight on Monday and ends at 11:59 p.m. Sunday. Non-exempt employees must receive overtime pay for all hours worked over 40 per week during the established period, at the rate of 1.5 times the employee’s “regular rate” as that term is defined under the FLSA. Overtime is paid based on actual hours worked each week. Paid leave and institutional directed time off (e.g., snow days or holidays) does not count as time worked.
In accordance with the FLSA, employees are not allowed to take compensatory time off in lieu of payment for overtime hours worked. However, a change in work week is allowed provided the time off is in the same work week as the overtime worked.
When a non-exempt employee works overtime on a job for which a different rate of pay has been established, the University may use the weighted average of two rates formula, as defined in the Fair Labor Standards Act, in computing the overtime rate.
Non-exempt employees must obtain advance approval to work overtime hours. Failure by a non-exempt employee to obtain approval for working overtime will result in discipline, up to and including termination of employment.
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