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NEW: Online Job Descriptions    

HRS is pleased to announce that job descriptions are now available online.

   
OVERTIME/COMPENSATORY TIME GUIDELINES (Updated 07/08/2008)    

 

          I. Definition

The University will comply with the Federal Fair Labor Standards Act (FLSA) and applicable State laws governing minimum wages, overtime pay, and child labor.  HRS determines “exempt” or “non-exempt” of positions in accordance with FLSA guidelines.  Questions regarding exempt/non-exempt status should be directed to HRS.
 
A. “Exempt” employees are not subject to minimum wage and overtime pay provisions of the FLSA.

B.  “Non-exempt” employees are subject to the wage and hour provisions.  Under the FLSA, most non-exempt employees must be paid:

1.  At least the federal minimum wage, and

2.  FLSA overtime, which consists of time and one half (11/2) the employee’s regular rate of pay for all hours worked in excess of 40 in a standard workweek. Paid leave or holiday time used is not counted as hours worked in determining overtime.

The payment of overtime to non-exempt employees who work more than 40 hours in a workweek is a legal requirement.  Directors/Managers may not tell non-exempt employees that they are ineligible for overtime pay.  Directors/Managers who make such statements may be subject to progressive counseling up to and including termination.

II. Overtime/Compensatory Guidelines

It is the University's intent to schedule work activities during the standard 40 hour workweek.  However, in order to meet customer and business needs, it may be necessary for both exempt and non-exempt employees to work in excess of those hours.  When this is necessary, Directors/Managers will provide as much notice as possible to the employee's required to work. For non-exempt employees, only hours worked will be used in the calculation of FLSA Overtime/Compensatory Time.  Holidays, vacation time, sick time, severe weather days will not be used in the calculation of overtime FLSA Overtime/Compensatory Time.

Authorization to work in excess of the standard 40 hour workweek must be obtained in advance from the Director/Manager.  Employees who work in excess of 40 hours in a standard workweek without prior authorization may be subject to progressive counseling up to and including termination of employment.

III. Compensatory Time Maximums

Employees engaged in public safety or emergency response may not accrue more than 480 hours of compensatory time. Since compensatory time is accumulated at time and one half (1 1/2), this is 320 hours of actual overtime work (320 hours of overtime work x 1.5 = 480 hours).  All other non-exempt employees may not accrue more than 240 hours of compensatory time (160 hours of overtime work x 1.5 = 240 hours).  If a non-exempt employee's compensatory time balance exceeds the accumulation limits of 240 or 480 hours, the employee must be paid for any hours over the limit at time and one half (11/2) the employee's regular rate of pay.

IV. Workweek

The standard workweek begins at 12:01 a.m. Monday and ends at midnight the following Sunday.  Some employees may be subject to an alternate work schedule, which must be approved by the respective Vice President.  Departments must maintain adequate records of all hours worked, in accordance with the University’s Accounting for Work Time Policy (HOOP, Section V, Chapter 13) 

V. Employee Status

A. Classified Non-Exempt Employees

Classified Non-Exempt employees are subject to the provisions of the FLSA.  Authorization to earn and/or use respective accumulated time must be obtained in advance from the Director/Manager

1. FLSA Overtime/Compensatory Time 

Authorized hours worked in excess of 40 each week (Monday-Sunday) will be compensated at the discretion of Director/Manager by using one of the following methods: 

a. 
Pay for the overtime worked at the rate of time and one-half (11/2) their regular hourly rate for each hour worked in excess of forty (40) in a workweek.

b.
  Grant time off (FLSA Compensatory Time) at the rate of time and one-half (11/2) for each hour worked in excess of forty (40) in a workweek.  If FLSA Compensatory Time is not taken within a 120 day period, the department must pay the employee in accordance with section (a) above. 

c.  Authorization to pay overtime must be obtained in advance from the Director/Manager.

2.State Compensatory Time

Classified Non-Exempt employees are allowed to earn State Compensatory Time if the total number of hours worked and paid leave or holiday time exceeds 40 in a week, less any FLSA Overtime/Compensatory Time hours.  State Compensatory Time is earned at “straight" time, or one hour for one hour, and must be used within the 12-month period following the workweek in which it was accrued.  Unused balances are to be lapsed 12 months after the end of the workweek in which the State Compensatory Time was accrued or at the end of employment with the University, whichever occurs first, without compensation.  Employees are required to give reasonable advance notice when taking this compensatory time; however, employees do not have to specify the reason for the request. 

3. Holiday Compensatory Time

All full-time employees, regardless of FLSA status, are eligible for Holiday Compensatory Time if the employee must work on a University observed National or State Holiday.   Holiday Compensatory Time is earned at “straight" time, or one hour for one hour, less any FLSA Overtime/Compensatory Time hours, and must be used within the 12-month period following the workweek in which it was accrued.  Unused balances are to be lapsed 12 months after the end of the workweek in which the Holiday Compensatory Time was accrued or at the end of employment with the University, whichever occurs first, without compensation.  Employees are required to give reasonable advance notice when taking this compensatory time; however, employees do not have to specify the reason for the request.

B.
Classified Exempt Employees  

Classified Exempt employees are exempt from the overtime provisions of the FLSA.  Authorization to earn and/or use respective accumulated time must be obtained in advance from the Director/Manager.

1. Compensatory Time

At the discretion of the department head or unit supervisor, Classified Exempt employees may be allowed Compensatory Time for hours worked in excess of 40 in a standard workweek.  If Compensatory Time is allowed, it is earned at “straight" time, or one hour for one hour, and must be used within the 12-month period following the workweek in which it was accrued.  Unused balances are to be lapsed 12 months after the end of the workweek in which the Compensatory Time was accrued or at the end of employment with the University, whichever occurs first, without compensation. 

2.
 State Compensatory Time

At the discretion of the department head or unit supervisor, Classified Exempt employees may be allowed State Compensatory Time if the total number of hours worked and paid leave or holiday time exceeds 40 in a week.  If State Compensatory Time is allowed, it is earned at “straight" time, or one hour for one hour, and must be used within the 12-month period following the workweek in which it was accrued.  Unused balances are to be lapsed 12 months after the end of the workweek in which the State Compensatory Time was accrued or at the end of employment with the University, whichever occurs first, without compensation.  Employees are required to give reasonable advance notice when taking this compensatory time; however, employees do not have to specify the reason for the request. 

3.
 Holiday Compensatory Time   

All full-time employees, regardless of FLSA status, are eligible for Holiday Compensatory Time if the employee must work on a University observed National or State Holiday.   Holiday Compensatory Time is earned at “straight" time, or one hour for one hour, and must be used within the 12-month period following the workweek in which it was accrued.  Unused balances are to be lapsed 12 months after the end of the workweek in which the Holiday Compensatory Time was accrued or at the end of employment with the University, whichever occurs first, without compensation.  Employees are required to give reasonable advance notice when taking this compensatory time; however, employees do not have to specify the reason for the request.  


C. Administrative and Professional Employees

Administrative and Professional Exempt
employees are exempt from the overtime provisions of the FLSA.  Authorization to earn and/or use respective accumulated time must be obtained in advance from the Director/Manager. 

1. Holiday Compensatory Time

All full-time employees, regardless of FLSA status, are eligible for Holiday Compensatory Time if the employee must work on a University observed National or State Holiday.   Holiday Compensatory Time is earned at “straight" time, or one hour for one hour, and must be used within the 12-month period following the workweek in which it was accrued.  Unused balances are to be lapsed 12 months after the end of the workweek in which the Holiday Compensatory Time was accrued or at the end of employment with the University, whichever occurs first, without compensation.  Employees are required to give reasonable advance notice when taking this compensatory time; however, employees do not have to specify the reason for the request. 

VI. Eligibility Summary
 

 Employee Status

 FLSA
Overtime/
Compensatory
Time

 Compensatory
Time
("straight time")

State
Compensatory
Time
("straight time") 

 Holiday Compensatory
Time
("straight time")

 Classified
Non-Exempt

 

 Classified Exempt


 

 

 

 

 

 

 

 

 

Administrative
and
Professional




 

 

 

 

 

 

 

 

 

 

 

 

   
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