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Overtime and Comp-time

HROG Section:
Compensation
Document Title:
Compensatory Time/Overtime for Exempt and Non-Exempt Employees
Initial Date Posted:
March 31, 2003
Board Approval:
Applies To:
DCCCD Employees
Source:
District Human Resources
Related TASB Policy:
DEA (Regulation)
Last Date Revised:
Aug. 23, 2004 (in compliance with Department of Labor guidelines effective date)
Sept. 1, 2011 (based on 40-hour work week)

Purpose

Supervisors of non-exempt employees shall ensure an agreement of understanding with the employee regarding the form of compensation for overtime (cash or compensatory time off) prior to the performance of the work occasioning the overtime duty. These agreements or understandings need not be in writing, but the supervisor shall maintain some record of them, such as a calendar notation, a memo to the file, or some similar indication that the employee was notified of the type of compensation to expect.

Background

To provide clarification to Policy DEA Regulation by defining the limitations as previously listed in Administrative Memorandum IV/C-04 page 2 of 3.

Definitions

Compensatory Time: means an amount of time, or portion thereof, that an employee receives in lieu of payment for overtime and which is equal to overtime, i.e., an hour of overtime equals one and one-half hours of compensatory time.

Eligible employee: means a member of the professional support staff whose position qualifies for overtime compensation as required by the Fair Labor Standards Act, as amended.

FLSA: means the Fair Labor Standards Act, as amended, and its regulations.

Overtime: means an amount of time, or portion thereof, that an employee works and that exceeds the work week or work period as identified in Board Policy. On March 31, 2003, the Chancellor's Cabinet provided a confirmation to the DCCCD Overtime policy. This confirmation means that an individual eligible for overtime can only be granted time and a half pay when he/she has physically worked a full 40-hour week. The calculation for overtime pay cannot include hours counted as holidays, vacation or other nonworked time as time served toward overtime. As this is the current policy, it remains in effect and all overtime/compensatory time should follow the parameters set out by this policy.

Exempt/Non-exempt: District Human Resources, within guidelines set out in federal regulations, shall determine the classification of positions or employees as "exempt" or "non-exempt" for purposes of compliance with the Fair Labor Standards Act (FLSA). Generally, administrative, faculty, professional and supervisory personnel are considered "exempt" under FLSA. Note: In accordance with revised Department of Labor guidelines, effective Aug. 23, 2004, all job titles in Ranges 1 through 5 on the PSS-General schedule have been classified as "non-exempt."

Non-exempt: Non-exempt employees may be compensated on an hourly basis or on a salary basis.  Employees who are paid on an hourly basis shall be compensated for all hours worked.  Employees who are on a salary basis or paid for a 40-hour work week do not earn additional pay unless the employee works more than a 40-hour week. 

A non-exempt employee shall have the approval of his or her supervisor before working overtime.  An employee who works over-time without prior approval is subject to discipline but shall be compensated accordance with the FLSA.  [See DEA (REGULATION)]

Eligibility

Procedures

Compensatory Time: A supervisor may require an eligible employee to receive compensatory time in lieu of paid overtime. The monthly time sheet will serve as documentation for compensatory hours worked and taken by the employee. Compensatory time must be taken in the work period (month) in which it is earned or the next work period immediately following. The use of earned compensatory time requires the supervisor's approval in advance. If the use of compensatory time is not feasible within these two work periods, the supervisor is responsible for requesting payment for overtime. 

Overtime: A supervisor shall request advance approval of overtime, maintain records of overtime earned and process payroll documentation for payment of overtime. Payment shall normally be processed during the payroll period immediately following the activity. All employees subject to overtime eligibility shall document hours worked on a monthly basis by submitting a time sheet. An eligible employee is a professional support staff employee whose position qualifies for overtime compensation under the Fair Labor Standards Act and this regulation.

Employee Responsibility

HR Responsibility

Exceptions To Policy

The President at the college location and the Chancellor/Vice Chancellor/Assistant Chancellor at District locations may authorize an exception (limitations*) if an emergency exists or adequate replacement personnel are not available to perform the job.

Occasionally, straight-time pay for hours recorded by exempt employees is permissible under specific circumstances. The location CEO may authorize compensation or compensatory time for exempt employees if it is in the best interests of the college/location and for duties that require the skills and expertise of the particular incumbent.

Other Notes

*Limitations:

1. A supervisor shall not schedule more than 20 hours of overtime per employee per month without written approval of the President at college locations or the Chancellor/Vice Chancellor/Assistant Chancellor at District office.
2. An employee may not work more than 14 hours per day.
3. A non-exempt employee may not work more than five (5) consecutive hours without at least a 30-minute period of rest. 



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