10.21 Overtime Provisions and the Fair Labor Standards Act
Exempt and Non-Exempt Positions
All positions are presumed to be non-exempt as defined in the Fair Labor Standards Act ("FLSA") unless 色虎视频 determines that the position meets one or a combination of the exemption criteria including executive, administrative, professional, computer, and highly compensated employees.
Positions that are customarily defined as non-exempt are as follows: administrative support, technical, and service. The job classification of professional can have positions that are either non-exempt or exempt depending on if the exemptions test criteria is met.
Work Hour Application
All time spent by an employee performing an activity for the benefit of 色虎视频 and under the control or direction of the University is classified as “hours of work.” Such time includes 1) time during which an employee is required to be on duty; 2) time during which an employee is permitted to work; and 3) waiting time or idle time which is under the control of an employer, and which is for the benefit of an employer.
“Workday” means the period between the commencement of the principal activities that an employee is engaged to perform on a given day, and the completion of the principal activities for that day. All time spent by an employee in the performance of such activities is classified as hours of work.
Any rest period authorized by 色虎视频 that does not exceed twenty minutes and that is within the regular workday shall be considered hours of work. Bona fide meal periods (30 minutes or more) are not considered hours of work.
An employee who travels from home before the regular workday begins and returns home at the end of the workday is engaged in normal “home to work” travel; such travel is not classified under hours of work. Time spent traveling shall be considered hours of work if 1) an employee is required to travel during regular working hours; 2) an employee is
required to drive a vehicle or perform other work while traveling; 3) an employee is required to travel as a passenger on a one-day assignment away from the official duty station; or 4) an employee is required to travel as a passenger on an overnight assignment away from the official duty station during hours on non-workdays that correspond to the employee's regular working hours.
Time spent in training during regular working hours shall be considered hours of work. Time spent in training outside regular working hours shall be considered hours of work if the employees are directed to participate in the training by the University and/or the purpose of the training is to improve the employees' performance of the duties and responsibilities of their current position.
Employees on standby or on call is on duty, and time spent on standby is classified as hours of work if, for work-related reasons, the employees are restricted by official order to a designated post of duty and are assigned to be in a state of readiness to perform work, with limitations on the employees' activities so substantial that the employees cannot use the time effectively for their own purposes. Employees will be considered off duty and time spent in an on-call status shall not be considered hours of work if the employees are allowed to leave a telephone number or to carry an electronic device for the purpose of being contacted, even though the employees are required to remain within a reasonable call-back radius; or the employees are allowed to make arrangements such that any work which may arise during the on-call period will be performed by other persons.
Notification of Work Schedule
The department head is required to establish work schedules for their employees. In determining what activities constitute hours of work under the FLSA, regular working hours means the days and hours of an employee's regularly scheduled workweek. The regularly scheduled work week is subject to change based on department needs but should be clearly announced as far in advance of the change as possible.
Essential Services
Essential services personnel include those employees who are appointed to departments which operate beyond normal workday hours or have functions which require extended hours services. These employees are expected to be available on weekends, during holidays, during special events and in emergencies. Essential services include University Police, University Farms, KJLU-FM, Page Library, residence halls and other designated departments.
Time Worked/Attendance
All departments with non-exempt hourly paid employees will need to review and approve monthly timesheets for their non-exempt employees in ADP by the end of the first day of the following month after the closing of the pay period.
All non-exempt salaried employees must maintain their own daily timecards in ADP. Timesheets are to include regular work week hours. Any timekeeping plan is acceptable as long as it is complete and accurate and reflects arrival time, lunch breaks and departure time. Individual timesheets for non-exempt employees must be approved by the employee by the end of the last day of the pay period through ADP. The submitted timecard will then go to the non-exempt employee’s direct supervisor to be approved no later than by the end of the first day of the month immediately following. History of individual employee
work performed and timecards will be recorded in ADP.
Overtime Provisions
Staff employees generally perform work on a standard forty-hour workweek, Sunday through Saturday. Some positions will require additional hours beyond the forty-hour workweek. There is not a limit on the number of hours in a day, or days in a week, an employee may be required or scheduled to work, including overtime hours. Employees determined to be non-exempt from overtime provisions of the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of forty in a workweek at a rate not less than time and one-half their regular rates of pay.
Overtime hours worked should be stated separately from the regular forty-hour workweek and calculated at time and one-half the employee's regular rate.
The overtime requirement may not be waived by agreement between the department and the employee.
An employee may not volunteer work time for his/her job or another employee’s job duties.
All overtime must be approved by the department supervisor in advance of the time it is earned. The supervisor is responsible to ensure the overtime work is completed prior to approval of overtime pay.
When the supervisor determines that circumstances warrant the request for overtime work, which could be either for an emergency situation of a temporary nature or a non-emergency when overtime is deemed the best way to handle the situation, the employee will be asked to work overtime. Employees of similar job functions should have equal opportunity or equal burden for overtime assignments, either by way of mandatory or volunteer assignment to perform overtime work. If the overtime work is mandatory, an employee system of designating required work will be devised by the department head so that all employees in that job category will have shared burden of work over a reasonable time. If an employee refuses to work mandatory overtime without sufficient justification of cause not to work, disciplinary action can be taken.
An employee shall be compensated for all overtime work. A quarter of an hour shall be the largest fraction of an hour used for crediting irregular or occasional overtime work. When irregular or occasional overtime work is performed in other than the full fraction, odd minutes shall be rounded up or rounded down to the nearest full fraction of a quarter hour used to credit overtime work.
All positions are presumed to be non-exempt as defined in the Fair Labor Standards Act ("FLSA") unless 色虎视频 determines that the position meets one or a combination of the exemption criteria including executive, administrative, professional, computer, and highly compensated employees.
Positions that are customarily defined as non-exempt are as follows: administrative support, technical, and service. The job classification of professional can have positions that are either non-exempt or exempt depending on if the exemptions test criteria is met.
Work Hour Application
All time spent by an employee performing an activity for the benefit of 色虎视频 and under the control or direction of the University is classified as “hours of work.” Such time includes 1) time during which an employee is required to be on duty; 2) time during which an employee is permitted to work; and 3) waiting time or idle time which is under the control of an employer, and which is for the benefit of an employer.
“Workday” means the period between the commencement of the principal activities that an employee is engaged to perform on a given day, and the completion of the principal activities for that day. All time spent by an employee in the performance of such activities is classified as hours of work.
Any rest period authorized by 色虎视频 that does not exceed twenty minutes and that is within the regular workday shall be considered hours of work. Bona fide meal periods (30 minutes or more) are not considered hours of work.
An employee who travels from home before the regular workday begins and returns home at the end of the workday is engaged in normal “home to work” travel; such travel is not classified under hours of work. Time spent traveling shall be considered hours of work if 1) an employee is required to travel during regular working hours; 2) an employee is
required to drive a vehicle or perform other work while traveling; 3) an employee is required to travel as a passenger on a one-day assignment away from the official duty station; or 4) an employee is required to travel as a passenger on an overnight assignment away from the official duty station during hours on non-workdays that correspond to the employee's regular working hours.
Time spent in training during regular working hours shall be considered hours of work. Time spent in training outside regular working hours shall be considered hours of work if the employees are directed to participate in the training by the University and/or the purpose of the training is to improve the employees' performance of the duties and responsibilities of their current position.
Employees on standby or on call is on duty, and time spent on standby is classified as hours of work if, for work-related reasons, the employees are restricted by official order to a designated post of duty and are assigned to be in a state of readiness to perform work, with limitations on the employees' activities so substantial that the employees cannot use the time effectively for their own purposes. Employees will be considered off duty and time spent in an on-call status shall not be considered hours of work if the employees are allowed to leave a telephone number or to carry an electronic device for the purpose of being contacted, even though the employees are required to remain within a reasonable call-back radius; or the employees are allowed to make arrangements such that any work which may arise during the on-call period will be performed by other persons.
Notification of Work Schedule
The department head is required to establish work schedules for their employees. In determining what activities constitute hours of work under the FLSA, regular working hours means the days and hours of an employee's regularly scheduled workweek. The regularly scheduled work week is subject to change based on department needs but should be clearly announced as far in advance of the change as possible.
Essential Services
Essential services personnel include those employees who are appointed to departments which operate beyond normal workday hours or have functions which require extended hours services. These employees are expected to be available on weekends, during holidays, during special events and in emergencies. Essential services include University Police, University Farms, KJLU-FM, Page Library, residence halls and other designated departments.
Time Worked/Attendance
All departments with non-exempt hourly paid employees will need to review and approve monthly timesheets for their non-exempt employees in ADP by the end of the first day of the following month after the closing of the pay period.
All non-exempt salaried employees must maintain their own daily timecards in ADP. Timesheets are to include regular work week hours. Any timekeeping plan is acceptable as long as it is complete and accurate and reflects arrival time, lunch breaks and departure time. Individual timesheets for non-exempt employees must be approved by the employee by the end of the last day of the pay period through ADP. The submitted timecard will then go to the non-exempt employee’s direct supervisor to be approved no later than by the end of the first day of the month immediately following. History of individual employee
work performed and timecards will be recorded in ADP.
Overtime Provisions
Staff employees generally perform work on a standard forty-hour workweek, Sunday through Saturday. Some positions will require additional hours beyond the forty-hour workweek. There is not a limit on the number of hours in a day, or days in a week, an employee may be required or scheduled to work, including overtime hours. Employees determined to be non-exempt from overtime provisions of the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of forty in a workweek at a rate not less than time and one-half their regular rates of pay.
Overtime hours worked should be stated separately from the regular forty-hour workweek and calculated at time and one-half the employee's regular rate.
The overtime requirement may not be waived by agreement between the department and the employee.
An employee may not volunteer work time for his/her job or another employee’s job duties.
All overtime must be approved by the department supervisor in advance of the time it is earned. The supervisor is responsible to ensure the overtime work is completed prior to approval of overtime pay.
When the supervisor determines that circumstances warrant the request for overtime work, which could be either for an emergency situation of a temporary nature or a non-emergency when overtime is deemed the best way to handle the situation, the employee will be asked to work overtime. Employees of similar job functions should have equal opportunity or equal burden for overtime assignments, either by way of mandatory or volunteer assignment to perform overtime work. If the overtime work is mandatory, an employee system of designating required work will be devised by the department head so that all employees in that job category will have shared burden of work over a reasonable time. If an employee refuses to work mandatory overtime without sufficient justification of cause not to work, disciplinary action can be taken.
An employee shall be compensated for all overtime work. A quarter of an hour shall be the largest fraction of an hour used for crediting irregular or occasional overtime work. When irregular or occasional overtime work is performed in other than the full fraction, odd minutes shall be rounded up or rounded down to the nearest full fraction of a quarter hour used to credit overtime work.
Effective Date
Approved by Board of Curators: January 15, 2026