The Federal Fair Labor Standards Act (FLSA) establishes criteria for mandatory overtime payment which the University must follow in determining whether a position is exempt or non-exempt from the Act's provisions. The Compensation team in CU Human Resources is responsible for determining the appropriate exemption status for all job classifications based upon the Act's provisions and should be consulted if there is any doubt concerning the exempt or non-exempt status of any job classification.
Exempt Status (Usually Officers)
Officers are usually exempt employees (executives, professionals and administrators) and are not covered by Federal overtime requirements.
Non-Exempt Status (Usually Supporting Staff)
NOTE: References to “support staff” apply only to those not in a bargaining unit. For employees in a bargaining unit, see the appropriate collective bargaining agreement.
Support staff members are considered non-exempt employees under The Fair Labor Standards Act (FLSA) and must be paid one-and-a-half times their regular rate of pay for all hours worked in excess of 40 hours per week. In those departments on a 35-hour work week, University policy and applicable collective bargaining agreements provide overtime in excess of 35 hours per week.
Support staff members on a 35-hour weekly schedule who work between 35 and 40 hours in one week may receive either overtime paid at one-and-one-half times his/her regular rate of pay for all hours worked between 35-40 hours, or compensatory time off for the time worked between 35 and 40 hours. The question of pay or compensatory time-off between 35 and 40 hours can be determined by the supervisor subject to operational and/or budgetary considerations.
General Policies in Scheduling, Computing and Determining Eligibility for Overtime
- Authorization for Overtime Work. Supporting Staff are not permitted to work overtime in their own office or department or in another office or department without the prior approval of their supervisor (see Dual Employment Policy).
- Overtime for Employees on a Scheduled Work Week of Less Than Thirty-Five Hours. Supporting Staff regularly scheduled to work less than thirty-five hours per week shall receive the overtime premium rate (one and one-half times the regular hourly rate) only for those hours worked in excess of thirty-five during the work week.
- Special Rules for Those Paid by Government Funds. Special overtime rules may apply to a limited number of employees who work in a position funded by a government grant or contract in which overtime provisions, differing from University policy, are specified as part of the grant or contract.
- Students: Graduate students who teach, tutor, instruct, or lecture on a part-time basis meet the exemption requirements set forth in the Act for Teachers, even though they do not in some cases meet the exemption salary test for professional employees. This exemption also applies to Research Assistants who are graduate students who perform part-time work that is considered professional in the course of obtaining advanced degrees and who may receive remuneration in the form of grants, fellowships, scholarships, stipends or other payments.
If graduate students are permitted to perform work for the University which is not of a professional type in the pursuit of an advanced degree, it will have to be considered non-exempt work and the performance of this work may endanger the entire exemption for any work week in which the graduate student is employed.
A student employed by the University in a non-instructional capacity is eligible for overtime pay in accordance with this policy.
- Computation of Overtime for a Non-Exempt Regular Supporting Staff. The following absences will be considered as time worked for the purpose of determining eligibility for overtime pay: a) Vacation b) Holidays c) Floating Holidays
- Premium Pay for Work Authorized on a Holiday When a non-exempt regular employee is requested to work on a holiday, he or she will be paid at the rate of time and one-half his or her regular hourly rate for all hours worked on the holiday in addition to the day’s pay at straight time or a day off in lieu thereof. (See Holidays and Personal Days Policy for designated holidays.)
- No other absences, including paid sick leave, shall be considered as time worked in determining eligibility for overtime pay.