Office of Human Resources - HR Advisor
QUESTIONS?TEMPE/POLYTECHNIC WEST |
POLICIES SPP 404–06: Overtime for University Extraordinary and Specific Events |
Employee Pay and Work Hours
Overtime General Policy Guidelines
The Federal Labor Standard Act (FLSA) contains a number of provisions, one of which allows the federal government to regulate overtime compensation.
At ASU, if a unit is not in a position to offer compensatory time or pay then the unit must NEVER, under any circumstances, allow nonexempt employees to work overtime.
FREQUENTLY ASKED QUESTIONS
What is a standard 40-hour work week?
The University's standard work week begins at 12:01am Monday and ends at 12:00 Midnight Sunday. The 40 hours must take place within seven consecutive days.
What is an alternate work week?
A work week that maintains the 40 hours per week, but allows for flexibility in the employee's work schedule. It's also known as a flexible work schedule.
When can a work week change?
Once a work week is established by the supervisor, it should not be continually adjusted or changed. It is not always possible to accommodate individual needs and interests when establishing a work week. The amount of flexibility depends upon the business necessity.
What is the difference between overtime and comp time?
Overtime: All hours worked, in excess of forty (40) hours per work week by a non-exempt employee. It is paid at a rate of 1.5 times the employee's regular hourly rate.
Compensatory Time (Comp Time): Paid hours taken off from work equal to 1.5 times the number of hours worked in excess of forty (40) hours (per work week) by a non-exempt employee. Compensatory time is typically used at the Unversity rather than overtime pay.
Are employeee required to work overtime or accrue comp time?
Generally, non-exempt employees can volunteer for overtime work assignments. However, if there is a business need, a supervisor or higher authority can require employees to work overtime.
Can overtime/comp time be worked whenever an employee wants to work?
A supervisor can decide when or when not to allow overtime/comp time to be earned and monitors time balance for excessive use. If overtime is worked without the supervisor's authorization, overtime or comp time will be given; however, the supervisor may address this situation as a disciplinary issue.
What if I'm just finishing up a few work items over my lunch?
A non-exempt employee who works during lunch break is working compensable time and the time is counted toward a 40-hour work week.
NOTE: If you're working overtime without the consent of your supervisor, you must stop.
How do I determine the work hours for a non-exempt employee who has a second job on campus?
This situation can cause a department to pay a higher rate. If the second job is not a specific or extraordinary event as stipulated in SPP 404-06, then the department who employs the employee in the second job would have to pay time and one half for any hours the employee works over 40 in a single work week.
For example, if an employee works 25 hours a week in the first job and then works 20 hours a week in the second job, the department offering the second job is responsible for paying the employee five (5) hours of overtime. On the other hand, if the employee works 25 hours in one job and only 15 in the other job, there would be no overtime pay required.
Is there a maximum number of hours I can accrue?
A supervisor controls the accrual of compensatory time balances. Statutory caps are set at 240 hours.
How do you determine a non-exempt employee's work hours when the employee is traveling for business?
Compensating a non-exempt employee for travel time can vary depending on the circumstances. It is strongly recommended that a supervisor consult with their HR Consultant before the travel occurs so that the employee can be informed in advance if there will be overtime pay.
Can an employee's supervisor change an employee's paid time off request from vacation to compensatory time?
An employee can choose to use comp time in lieu of approved vacation hours.
How is overtime/comp time recorded?
A record is kept by the supervisor of actual time worked. An Additional Pay (AP) form is completed to record overtime pay and/or comp time.
If a non-exempt employee works 42 hours in a week, can two hours be credited to the next week to avoid overtime/comp time?
No, each work week stands alone when calculating overtime/comp time.
The contents of this HR Advisor page is not intended to create a contract, either expressed or implied, between Arizona State University and its employees for either employment or any benefit or agreement. While the HR Advisor makes every effort to present accurate and reliable information, it does not establish or modify policies or procedures of your department, Arizona State University or the Board of Regents.