This procedure describes the employee groups to which overtime rules apply, the circumstances defining overtime work, and the responsibilities of supervisors for monitoring the overtime of employees in these categories. Also included in this procedure is the process for recording overtime. This procedure refers to relevant legislation and administrative rules with which the college will comply.
All classified employees and most management support staff are eligible for overtime for any hours worked in excess of 40 hours in a work week (a 168-hour period beginning at 12:01 am, Sunday). Stricter overtime requirements have been negotiated for members of the classified bargaining unit and are defined in the Classified Contract (Article 12.3).
Under the Fair Labor Standards Act and Oregon Administrative Rules 839-020-0300 executive, supervisory, administrative, and faculty employees, and all independent contractors are exempt from state and federal overtime requirements, provided they do not devote more than 20 percent of their time to non-exempt work. (See Independent Contractors: Definitions).
If a classified or management support staff employee accepts a teaching assignment and the total work hours in the combined assignments exceed 40 hours in a work week, the employee may be eligible for overtime on the teaching portion of the assignment. (See: Overtime for Classified and Management Support Employees Who Teach).
Computation of Overtime
Overtime is compensated at one and one-half time the employee's regular rate of pay. Only hours actually worked are used in the overtime calculation. If an employee took paid leave during the work week, these hours should be subtracted before determining if the employee has worked overtime. Paid holiday hours are considered hours worked for members of the classified bargaining unit (except Hourly Classified) and are used in the computation of overtime for these employees only. Paid holidays are not considered hours worked for other classified employees (Hourly Classified) or for management support employees.
Special computation guidelines exist for classified or management support employees who also teach. (See: Overtime for Classified and Management Support Employees Who Teach).
Compensatory Time Off
In certain instances, classified bargaining unit members may be granted compensatory time off in lieu of pay, provided maximum accrual limits are observed as defined in the Classified Contract (Article 12.3.5).
Management support employees may also be granted compensatory time off in lieu of pay at the rate of 1.5 hours for every overtime hour worked. The maximum number of hours that may be accumulated is 240 hours which represents 160 hours of overtime worked. Overtime must be paid when this cap is reached.
It is the department administrator's responsibility to monitor the working schedules of all classified and management support staff and to maintain accurate records of all time worked. Overtime and compensatory time off shall be entered by eligible employees and tracked exclusively in the ExpressLane Banner database.
For the purpose of overtime records, the following rules shall apply.
- Work requested or required is considered work time.
- Work not requested, but suffered or permitted is considered work time.
- Work performed for the employer but away from the employer's premises or job site is considered work time.
- If the employer knows or has reason to believe that work is being performed, the time spent must be counted as hours worked.
- It is the duty of the employer to exercise control and see that the work is not performed if the employer does not want the work to be performed. The mere declaration of a policy against such work is not enough. For more information about the appropriate enforcement of work rules, see Employee Disciplinary Actions.
- Hours compensated but not actually worked, such as paid leave and paid snow days (see Pay: School Closure), are not considered work time for the computation of overtime. Paid holidays are considered work time for classified bargaining unit employees only (excluding Hourly Classified).
- Overtime requirements may not be waived by agreement between the employer and employee.
All management supervisors are expected to be knowledgeable about current overtime regulations and to abide strictly by these rules. For more information about overtime requirements, contact a Human Resources Representative.