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PERSONNEL PROCEDURES FOR UC IRVINE STAFF MEMBERS


COMPENSATION
Procedure 32: Overtime (Non-Exempt Employees Only)


Responsible Office: Human Resources
Issued: November 2002

A. References


B. Authority and Responsibility

The Assistant Vice Chancellor, Human Resources and Assistant Medical Center Director-Director, Human Resources shall establish procedures and delegations of authority to determine and document employee exemption status under the Fair Labor Standards Act.

Department heads are responsible for:

  1. Approving overtime assignments
  2. Ensuring proper maintenance and retention of time-keeping records
  3. Ensuring the preparation of necessary payroll forms to accurately reflect overtime compensation for all overtime worked by UCI employees
  4. Granting extensions of the 6-month maximum time period for retaining compensatory time leave accruals, in consultation with Human Resources
  5. Approving dual appointments, in consultation with Human Resources
  6. Securing employee agreement to accept compensatory time off in lieu of premium overtime payment.

C. Definitions

  1. Exempt and Non-Exempt Employees

    Exempt employees are employees who, based on the duties performed and manner of compensation, are exempt from the Fair Labor Standards Act (FLSA) minimum wage and overtime provisions. Because of hourly pay practices, an employee appointed to a per diem position in an exempt title shall be treated as a non-exempt employee subject to FLSA minimum wage and overtime provisions.

    Exempt employees are paid an established monthly or annual salary and are expected to fulfill the duties of their positions regardless of hours worked. Exempt employees are not eligible to receive overtime compensation or compensatory time off and are not required to adhere to strict time record keeping and attendance rules for pay purposes. Exempt titles are identified in UCI Job Titles and Salaries.

    Non-exempt employees are employees who, based on duties performed and manner of compensation, are subject to all FLSA provisions.

    Non-exempt employees are required to account for time worked on an hourly and fractional hourly basis and are compensated for qualified overtime hours at the premium (time-and-one-half) rate. Non-exempt titles are identified in UCI Job Titles and Salaries.

  2. Intermittent Overtime

    Overtime worked on an irregular basis according to the needs and discretion of the department is designated as intermittent overtime. Intermittent overtime shall be approved in advance by the department head.

  3. Extended Workweek

    The term "extended workweek" is used to designate overtime that is planned in advance, is required on a regular and continuing basis for a period of approximately six months or longer, and is the only practicable solution to work requirements. Extended workweek situations shall be approved in advance and confirmed in writing by the department head for up to twelve months, provided the overtime will not be detrimental to the employee's health or adversely affect performance. Any requests to continue the extended workweek beyond twelve months are to be reviewed by Human Resources.


D. Procedures

  1. Employee Notification

    As soon as possible after the need for overtime is determined, the employee shall be notified that overtime must be worked. An employee is expected to work overtime upon request. However, in assigning overtime the department head may take into account the employee’s preference for overtime assignments.

  2. Compensatory Time Agreement

    A Compensatory Time Agreement form shall be used to record an employee’s decision about accepting compensatory time off in lieu of premium overtime pay for hours in excess of 40 per week worked at management’s request. The employee’s decision to accept compensatory time off in lieu of cash overtime payment must be made freely and without coercion or pressure. The Compensatory Time Agreement form shall be used for employees who are hired, transferred, reclassified, or promoted into non-represented positions that are designated as non-exempt.

  3. Scheduling Compensatory Time Off

    Compensatory time off for overtime accrued, at either a straight-time rate (one hour off for each hour of overtime worked) or at the premium rate (one and one-half hours off for each hour of premium overtime worked), shall normally be taken within six months from the first of the month following the date on which it was earned; however, the department head may authorize, in writing, an extension of up to an additional six months.

    Compensatory time off is scheduled by the University. Employees may also request use of compensatory time, and such requests shall be granted subject to the operational needs of the University. Use of compensatory time off requires prior approval in accordance with departmental policy.

  4. Payment of Accrued Compensatory Time

    Accrued hours of overtime shall be paid at the employee's rate at the time of payment:

    1. when not taken as compensatory time off within six months or within the authorized period of extension;
    2. upon transfer to another department (and shall be paid by the department in which the overtime was worked); and
    3. upon separation. (Note: if the final rate at the time of payment is lower than the average hourly rate received by the employee during the last three years of employment, payment upon separation must be based on the higher of the two rates.)

  5. Dual Employment

    Overtime worked by an employee who holds a full-time (100%) position is designated as Dual Employment if the overtime is worked in another department or in a different classification in the same department. Dual Employment is normally not permitted. However, on an exceptional basis, and in consultation with Human Resources, the department head of the employee’s full-time (100%) position may approve Dual Employment, using the Dual Employment form, when:

    1. the employee will teach a University Extension course with teaching and related duties performed outside the employee’s regular schedule;

      OR

    2. it is impractical to employ another person; the additional appointment is generally less than 20% time and will not exceed a total of 12 calendar months; and the time worked on the additional appointment will not be detrimental to the employee’s health or affect performance adversely.

    Compensation for Dual Employment:

    If an employee works full-time (100%) in a classification that is exempt from premium overtime and then works additional hours in a classification that is subject to premium overtime, the additional hours are paid at the straight-time rate providing that the additional hours do not exceed 20% of the total hours worked in a workweek. If the additional hours worked exceed 20% of the total hours worked in a workweek, all additional hours worked are paid at the premium rate.

    If an employee works full-time (100%) in a classification that is non-exempt and subject to premium overtime, and then works additional hours, all hours worked in excess of 40 hours in a workweek will be paid at the premium rate, regardless of the exemption status of the staff or academic classification in the dual employment category.

  6. Multiple Part-Time Appointments

    In the case of employment in two or more part-time positions (either academic or staff appointments), one of which is subject to premium overtime pay, the overtime worked is subject to compensation at the premium rate as follows:

    If 20 percent or more of the total hours worked in a workweek (across all part-time appointments) consists of duties and responsibilities that are subject to premium overtime, then all hours actually worked by the employee over 40 in a workweek, regardless of appointment, shall be subject to compensation at the premium rate.

    Conversely, if less than 20 percent of the total hours worked in a workweek (across all part-time appointments) consists of duties and responsibilities that are subject to premium overtime, all hours worked by the employee shall be compensated at the straight time rate for the applicable appointment.


E. Applicability

Non-exempt staff members, except employees who are in a bargaining unit that has an exclusive representative (union) and are covered by the applicable provisions of the collective bargaining agreement.



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