Under the Fair Labor Standards Act (FLSA), employees in positions which are determined to be "non-exempt" are eligible for overtime compensation. Effective January 18, 1995, employees in non-exempt positions are eligible for overtime compensation for all hours worked over 40 in a work week. Hours paid but not worked, such as sick or vacation leave or compensatory time used will not count toward overtime; however, holiday credit (the paid time for a holiday when it is not worked) does count toward the calculation of overtime eligibility for all university support staff non-exempt employees.
Supervisors must approve overtime hours before they are worked. Each department should have procedures for approving overtime before it is worked. A record of approved overtime should be kept in the department. Departments can use the Overtime Approval Form or can develop a similar form to use.
If a non-exempt employee works more than 40 hours in a work week, his or her supervisor must approve compensating hours worked over 40 with one of the following: 1) " time for time " off; 2) compensatory time; or 3) overtime pay.
An eligible employee shall not accrue more than 120 hours of compensatory time for overtime hours. Any eligible employee who has accrued 120 hours of compensatory time off shall, for any additional overtime hours of work, be compensated with overtime pay.
Non-exempt employees should sign a Compensatory Time Agreement at the time of hire.
For more information: http://www.pittstate.edu/office/hr/payroll-information/flsa-information-index.dot
If a non-exempt employee is given "time for time," the employee is given the same amount of time off as the number of hours worked over 40. Time for time off must be taken in the same week as the overtime hours were worked. No special documentation is required if an employee takes time for time. The employee reports actual hours worked on the time sheet.
If a non-exempt employee is approved for compensatory time, he or she earns 1.5 hours of compensatory time for every hour worked over 40. Compensatory time is taken later than the week the overtime was worked.
If an employee is not given time for time off or does not earn compensatory time, the employee must receive overtime pay. Overtime pay is paid at the rate of 1.5 times regular rate of pay for each hour worked over 40.
Olive Overtime regularly works from 8:00 a.m. to 4:30 p.m. Monday through Friday. During the pay period 1/12/97 - 1/25/97 she worked and took leave as follows:
She is eligible for 4 hours comp time (CME) or overtime pay (OTP) on Friday of Week 1 because she has worked more than 40 hours. See Earnings codes that count towards FLSA.
She is not eligible for comp time (CME) or overtime pay (OTP) for Week 2 because she has not worked more than 40 hours. See Earnings codes that count towards FLSA. There are two ways to report the time for week 2. Under option #1 (below), the employee reports the total amount of leave taken and hours worked. The employee will be paid for 44 hours at the regular rate of pay. Under option #2 (below), the employee reduces leave taken so that they are not paid for more the 40 hours at the regular rate. Olive does not report the 4 hours of sick leave taken on Wednesday and is then paid for 40 hours at regular rate.
Click here to see the time sheet for Option #1. Click here to see the time sheet for Option #2.
Used for reporting comp time taken for compensatory time earned during a previous pay period.
Click here for more information on reporting time worked and leave taken.