This procedure describes how overtime is calculated for those classified and management support employees who are hired to teach classes.
Classified and management support employees may be hired to teach classes only if the employee's combined assignments do not exceed 40 hours in any week or result in an obligation to pay overtime. It is the instructional department manager's responsibility to insure compliance with this guideline when a classified or management support employee is hired to teach. Exceptions to this guideline may be preauthorized by the vice president, but only in the instance of a staffing emergency.
Classified and management support employees may be hired to teach classes only if the employee's combined assignments do not exceed 40 hours in any week or result in an obligation to pay overtime. It is the instructional department manager's responsibility to insure compliance with this guideline when a classified or management support employee is hired to teach.
Exceptions to this guideline may be preauthorized by the vice president, but only in the instance of a staffing emergency. An emergency is defined as "a sudden, unexpected occurrence demanding immediate action." If an exception is preauthorized, overtime must be paid according to the guidelines and examples provided below. In other words, the exception granted by the vice president does not waive the obligation to pay overtime nor can an agreement to waive overtime be negotiated directly with the employee by anyone acting as an agent of the college.
Overtime Requirements for Classified and Management Support Employees Who Teach
According to the Fair Labor Standards Act (FLSA), all classified and management support employees who are hired to teach credit or non-credit classes are eligible for overtime in any week in which the combined total of hours actually worked exceeds 40 per week. The only exception to this rule is if the employee does not devote more than 20 percent of his/her time to the classified or management support portion of the assignment.
Example: An employee works 44 hours in a combination of classified and faculty work. The first 40 hours are in the employee's classified assignment. The remaining four hours are in a teaching assignment. Overtime is owed this employee for four hours in this work week. See "Overtime Calculation" below to learn how to calculate the overtime pay rate.
Example: An employee works 50 hours in a combination of management support and faculty work. The employee teaches 42 of the 50 hours. The remaining eight hours are in a management support assignment. No overtime is owed this employee in this work week even though the total exceeds 40 hours because the employee does not devote more than 10 hours (20 percent) of his/her time to the management support assignment.
The average hourly rate of pay is used to compute overtime for employees who meet the eligibility criteria described above.
Example: If an employee worked 16 hours at $7.00 per hour and 30 hours at $8.00 per hour, the total straight time amount earned is $352. This amount is divided by total hours worked (46) to arrive at the average hourly rate of $7.65. Since the employee has already been paid the straight time rates for all hours worked, only an additional one-half (.5) times the average hourly rate is due for the overtime hours. The calculation is as follows: .5 x $7.65 x 6 hours = $22.95 overtime pay due.
Calculating Hours Actually Worked
Since overtime is only paid on hours actually worked in excess of 40 during a work week, the calculation changes if the employee takes vacation, sick leave, holidays, absence without pay, or other paid or unpaid leave. Paid holidays do not count as hours actually worked when calculating overtime for employees in dual assignments because the Fair Labor Standards Act is controlling. Under the FLSA, holidays are not considered to be hours actually worked. In the example above, if the employee took eight hours of sick leave during the work week, the total hours actually worked would be reduced to 36 hours (46 hrs - 8 hrs) and no overtime would be paid.
Calculating Hours Worked for Part-time Credit Instructors (Dual Assignments)
To calculate hours worked for a part-time credit faculty employee, the total pay for the term is divided by the number of weeks in the term to get a weekly pay rate. This weekly pay rate is then divided by the employee's hourly rate (see the Part-time Faculty Salary Schedule) to get the number of hours worked per week.
Example: A part-time credit instructor teaches .2 FTE for a total term pay of $1689. There are 11 weeks in the term and the employee's regular hourly rate is $18.63. The calculation of hours worked is: $1689 / 11 = $153.55 / $18.63 = 8.24 hours worked per week.
Paying the Overtime
The total overtime for the month should be submitted to Payroll on a Personnel Action Form as a lump sum payment to be made at the end of the month. Because of payroll deadlines it may be necessary to estimate overtime and make any necessary adjustments in the following month.
Each classified or management support employee who teaches is expected to provide copies of leave records and individual time reports (if appropriate) to the department payroll administrator at the end of each month for use in the overtime calculation process.
Detailed records of overtime calculations, hours worked and pay rates must be made and saved by the department for later reference and audit.
For more information, calculation examples or assistance with the overtime calculation, please contact a member of the Payroll Team in Human Resources.
See also Overtime and Compensatory Time.