Policies & Procedures Manual

OVERTIME

Administrative and professional staff members are considered to be exempt employees and thus are not compensated for overtime work. Exempt employees are compensated with a salary and are not subject to federal law governing the regulation of overtime.

All secretarial/clerical staff and technicians including Research technicians are nonexempt employees. Based upon the Fair Labor Standards Act (FLSA), if these employees work extra hours they must be compensated in the following manner: All hours worked up to 40 hours in one workweek are to be paid at the staff member's regular hourly rate. Hours worked in excess of 40 hours in any one workweek must be paid at time and one half the regular hourly rate in accordance with law. In case of nonexempt staff members whose pay rate is quoted on other than an hourly basis, the payroll office will calculate hourly equivalent pays for the above purpose. Any overtime worked is to be approved in advance by the appropriate supervisor.

For the purposes of computing overtime, the University of Dayton workweek begins at 12:01 a.m. Monday, and runs continuously until 12:00 midnight, Sunday. Overtime is computed based on actual hours worked, i.e., if the staff member takes a vacation day or calls in sick during the workweek and then works extra hours during the same workweek, payment will be paid at the regular hourly rate until the actual hours worked reaches 40. Overtime must be reported on the Weekly Overtime Report form that is available in the payroll office. Research Institute employees must submit a separate employee activity report (time card).

The office of human resources must always be contacted prior to an employee working additional services for another University department and account. Any time an employee works additional hours in a department other than the employee's primary department and exceeds a total of 40 hours in a workweek, the secondary department will be responsible for paying the employee in accordance with the law. A special calculation is used for determining the overtime pay. Please contact the office of human resources or the research accounting office, for assistance in determining the actual overtime rate of pay in such cases.