Overtime Pay and Compensatory Time (Procedure 2.1322)

Based on board policy number and Florida Statutes:	F.S. 1001.64, 1001.02, 440.185;  College Policy 2.110
Effective Date:	07/2015
Date of Review:	---

Purpose

The purpose of this procedure is to describe and define the methods for paying overtime or compensatory time to eligible non-exempt (career service) employees in accordance with the Fair Labor Standards Act (FLSA).

Procedure

Employees who are assigned to non-exempt (not exempt from the overtime provisions of the FLSA) positions may earn overtime compensation or compensatory time. Employees must obtain their department manager’s approval in writing, which includes email, prior to working overtime or compensatory time. Overtime compensation and compensatory time shall be earned in accordance with the following:

1. The department’s budget manager must ensure fund availability prior to authorizing overtime or compensatory time.
   1. In cases where a department does not have sufficient funding in an overtime budget, the President or Vice President must authorize all overtime in writing, prior to the work being performed. A copy of the authorization must be sent to Payroll Services.
   2. Approval of overtime for external facility usage events or other special events funded with Auxiliary or Restricted (Grant) funds may be authorized by the appropriate management level in writing upon approval of the event.
   3. Overtime resulting from emergencies (i.e. natural disasters, accidents, etc.) may be approved as needed by the President or designee.
2. Non-exempt employees must receive supervisor approval to engage in any activities that cause work to exceed 37.5 hours in a workweek.
   1. Such activities include but are not limited to:
      1. beginning work prior to their scheduled start time;
      2. eating lunch or spending any portion of their unpaid meal break at their workstation;
      3. working beyond the end of their scheduled work day;
      4. “volunteering” to do work for which they normally would be paid; or
      5. taking work home.
   2. Any employee who fails to follow the guidelines set forth in this procedure may be subject to disciplinary action.
3. Overtime Compensation
   1. Overtime compensation shall be paid at the rate of one and one-half times the regular hourly rate for hours worked in excess of 37.5 hours in a workweek. Hours worked should not exceed 37.5 hours during a paid non-duty and holiday workweek. Leave time and holidays are not considered hours worked in the calculation of overtime compensation.
   2. A weighted average formula will be used to calculate the regular hourly rate when work is performed at two or more pay rates during the established workweek.
   3. Hours worked on paid non-duty days and holidays designated in the College calendar shall be paid similar to overtime, at one and one-half times the regular hourly rate in addition to the non-duty or holiday pay.
   4. If elected by the employee and approved by the supervisor, compensatory time may be granted in lieu of overtime compensation.
4. Compensatory Time
   1. Compensatory time shall be earned at the rate of one and one-half hours for each hour worked in excess of 37.5 hours in a workweek. When feasible, work hours should be adjusted in the same week to avoid accruing compensatory time. Hours worked should not exceed 37.5 hours during a paid non-duty and holiday workweek. Leave time and holidays are not considered hours worked in the calculation of compensatory time.
   2. No more than 75 hours of compensatory time may be accumulated at any one time.
   3. Accrued compensatory time must be taken within a 90-day period.  Use of compensatory time must be exhausted prior to the use of paid vacation or personal leave and must be approved in advance.
   4. For each hour worked on paid non-duty days and holidays designated in the College calendar, one and one-half hours of compensatory time will be given if elected in lieu of the overtime payment mentioned above.
   5. Compensatory time not used within a 90 day period, will be paid to the employee as overtime.  The appropriate supervisor must submit, track, and monitor the use of compensatory time granted to an employee; and must authorize Payroll Services to pay overtime for any compensatory time that remains unused after 90 days.

Recommended By	Executive Team	Date	07/21/2015
Approved	President, E. Ann McGee	Date	07/23/2015