4.2 Overtime: Non-Exempt Employees

Purpose

To establish and provide guidelines in the administration and calculation of overtime pay for non-exempt employees in compliance with applicable federal wage and hour regulations.

Scope

This policy applies to non-exempt employees at Rochester University.

Policy

Employees whose positions do not meet the Fair Labors Standards Act (FLSA) exemption tests and who are paid one and one half times their regular pay rate for hours worked in excess of 40 hours in one week are considered non-exempt. A week is defined as Monday through Sunday.

Rochester University’s policy conforms to the overtime provisions of the Federal Fair Labors Standards Act. Overtime pay policies include the following:

• Non-exempt employees will be paid straight time for all hours worked through forty (40) in one week, Monday through Sunday.
• Non-exempt employees will be paid time and one half for hours worked in excess of forty (40) in one week, Monday – Sunday.
• Only hours actually worked will be used to calculate overtime pay. Paid time off for holidays, Jury Duty, vacation, sick leave, weather related closures or any leave of absence will not be considered “hours worked.”
• Department Managers must authorize overtime worked by non-exempt employees in advance. All time worked must be recorded.
• Compensating time off in lieu of overtime payments will not be granted. The “banking” of overtime as compensation time is a FLSA violation. Compensation time cannot be given any time after the employee has already worked (40) plus hours in a scheduled work week. When forty (40) plus hours of work has been completed, overtime must be paid.