ARTICLE 14 – OVERTIME
A. Definition
Overtime shall be defined as those hours worked which are worked by an employee in excess of forty (40) hours worked in one (1) week or eight (8) hours in one day for employees on a 5/40 schedule. Holiday(s), vacation, jury duty or witness leave, and day(s) on compensatory time off shall be included as hours worked for the purpose of determining those hours worked in excess of forty (40) hours in one (1) week.
B. Compensation
All hours worked over forty (40) hours worked in any one (1) week or eight (8) hours in one day for employees on a 5/40 schedule shall be compensated at the rate of one and one- half (1 1/2) times the regular hourly rate of pay. Shift differentials shall be included in the regular hourly rate of pay.
The University may approve compensatory time off at the appropriate rate in lieu of overtime pay at the employee’s request.
Overtime earned at the time and one-half rate may be accrued as compensatory time at a maximum of one hundred eighty (180) hours per calendar year. An employee shall be paid for hours of overtime which exceed this limit.
C. Scheduling Compensatory Time Off
Compensatory time off shall be approved by the Department Head or designee and taken within two (2) six (6) month bank periods (January 1-June 30; July 1-December 31).
Banked compensatory time off which is not paid or scheduled within the bank period in which it is earned or the banked period following that in which it is earned shall be paid in the next regularly scheduled pay period.
When compensatory time off is taken or paid, it is compensated at the employee’s current rate of pay. However, upon separation from employment, compensatory time off accrued at the time and a half rate shall be paid at the employee’s current rate of pay or at the employee’s average rate of pay for the last three years, whichever is higher.
Employees may request use of compensatory time off; such requests will be granted subject to the operational needs of the University. Use of compensatory time off requires prior approval in accordance with departmental policy.
Any accrued compensatory time off shall be paid to the employee when the employee leaves the bargaining unit, but remains employed by the University.
D. Scheduling of Overtime
As soon as practicable after the University decides the need for overtime or additional work, the University shall notify the employee(s) it selects that overtime must be worked or that the employee must work beyond their regularly assigned shift. However, wherever it is necessary to meet the operational requirements of the University, the University shall have the right to require the performance of such work, including requiring employees to remain at work after conclusion of their shift until relief is available. If an employee on a 12-hour shift is ordered to work overtime and if the employee has received less than twenty- four (24) hours advance notice, the employee shall be paid at the rate of one and one-half (1- 1/2) times the regular hourly rate of pay for any such overtime hours worked.
E. Distribution of Overtime
- Overtime shall be assigned based upon the employee’s ability to perform the work and operational needs of the University. The University shall post a monthly and year-to-date record of overtime distribution by organizational unit.
- Planned Overtime
2a. Overtime distribution shall be on a rotation basis and offered evenly among employees in the same job family in the same organizational unit and work location. For purposes of this Article, rotation means that the last employee to be offered overtime will be considered last for a new overtime assignment. It is the responsibility of management to maintain the overtime rotation list. Employees who are offered overtime and who decline it will have the overtime recorded as if it had been worked. All employees in the organizational unit and work location will be listed as eligible for overtime. For the purpose of this section only, seniority is determined by the date of appointment of the employee to the classification in an organizational unit.
2b. When there are no volunteers for a planned overtime assignment, overtime shall be assigned to the least senior employee in the job family and organizational unit, on the same shift.
F. No Pyramiding of Overtime
There shall be no compounding/pyramiding of overtime payments.
G. Overtime Meals
When an employee’s regularly assigned shift is extended more than three (3) hours, and that period extends past the employee’s regular meal time, they shall be reimbursed for actual meal expenses up to a maximum of $10.00. A person who has been called in to work overtime, or works planned overtime, is not entitled to be paid for a meal, even though this overtime, requires them to work past a regular meal time.