5.3  Overtime

(Fayetteville Policies and Procedures 403.1; Universitywide Administrative Memorandum 440.8; Federal Fair Labor Standards Act - Public Law 99-150 of 1986; Arkansas Code Ann. §19-4-1612)

Only non-exempt employees receive credit for overtime work. (See Section 2.4 Exempt and Non-Exempt Employees for definitions.) If you are a non-exempt employee and you work more than 40 hours in any work week, you will accrue compensatory time at a rate of one and one-half hours for every hour of work performed in excess of 40 hours.

If you are non-exempt, and therefore eligible for overtime, you should never work more than 40 hours in any work week without the prior approval of your department head. An overtime request form can be found on the Human Resources website.

Overtime is referred to in the BASIS leave accounting system as extra time. Your department leave representative will record any hours in excess of 40 you work in each work week as extra time, and you will be credited with one and one-half hours of compensatory time for every hour over 40 that you actually work. (Annual leave time and sick leave time are not time you actually work, and university holidays are usually not time you actually work.) Extra time must be approved by the person authorized to do so for your department, usually the department head. You may use any accrued compensatory hours as leave at a time when it is convenient for your department. You may use compensatory time, until the balance is depleted, before using annual leave. You may also use your compensatory time in lieu of sick leave. Compensatory time must be earned before it can be used.

If it creates a hardship for your department to give you compensatory time off, your department head may approve monetary compensation for the overtime which you have worked. You will be paid at one and one-half times your regular rate of pay for each hour over 40 which you have worked in any work week. Overtime pay is generally discouraged. Arkansas law states: "It is hereby declared to be the policy of the state of Arkansas that overtime pay for state employees is the least desirable method of compensation for overtime work." When overtime is unavoidable, it is to be managed in the most efficient and economic manner possible. Your department may require you to use any accumulated compensatory time, at its convenience, to avoid cash payments. If you transfer to another department within the university or change from a non-exempt to an exempt position, you must either use or be paid for all of your accrued compensatory time before the change in position occurs.

The rules and regulations set out by the federal Fair Labor Standards Act apply to overtime. They include the definitions of exempt and non-exempt employees, the requirements for compensatory time or pay, and other related requirements. The Fair Labor Standards Act limits the amount of compensatory time most employees can accrue to 240 hours. Employees who work at least some of the time in a public safety activity, such as fire protection or law enforcement, in an emergency response activity, or in a seasonal activity, such as farm work, may accumulate up to 480 hours of compensatory time. Any overtime accrued beyond these limits must be compensated with overtime pay, at a rate of one and one-half times the regular rate.

Monday, July 29, 2013 12:31 PM