The Federal Fair Labor Standards Act, often called the Overtime Law, which was passed by Congress in 1935, applies to many University employees.

The law describes which types of jobs are exempt (not eligible for overtime) and non-exempt (eligible for overtime). If you report your work hours, you are working in a non-exempt job and are therefore eligible for overtime.

If your position is non-exempt, you must report all hours that you actually work. If you actually work more that 40 hours in a week, you must receive overtime pay or compensatory time. Overtime pay is 1½ times your regular hourly rate. Compensatory time is earned at 1½ hours for each hour worked over 40. Leave time taken does not count as time worked when calculating overtime.

Some employees and supervisors think you only need to put down 7½ hours a day, regardless of the actual hours worked. That is incorrect.

Using ITAMS, you must enter the actual hours worked and the leave taken. If you actually worked 10 hours you must show 10 hours, or, on the other hand, if you actually worked 6 hours you must show 6 hours.

Hours worked includes all time an employee is required to be on duty or on the University’s premises or at a prescribed work place for the University, and all time during which the employee worked or is permitted to work for the University.

Among frequently asked questions about time worked is whether breaks, lunch hours, and travel time are considered work time. Take note of the following principles:

• If you work 37½ hours a week, you actually get paid for 40 hours, therefore overtime pay or compensatory time does not start until you have actually worked over 40 hours.

• Breaks, even for a meal, are not required by the law. However, if breaks are allowed by the supervisor and they are brief, 5 to 15 minutes, they count as time worked.

• If a break or meal period is allowed for 30 minutes or more, and the employee does not do any work during that time, it does not count as time worked.

• If a non-exempt employee is engaged in business travel that is completed in one work day, all hours spent traveling will be compensable for purposes of determining overtime.

• If a non-exempt employee is engaged in business travel that includes an overnight stay, only those hours that coincide with the employee’s regular work hours will be compensable for purposes of determining overtime.

To reduce overtime pay, supervisors can adjust an employee’s schedule within the same workweek so that no more than 40 hours is worked. Supervisors can not require employees to work and not report the work hours. Some call this "working off the clock" and it is against the law.

If you want more information about the Fair Labor Standards Act, overtime, or compensatory time, call Jennifer Lauer at 777.3111. The University's policy HR 1.84 Minimum Wage and Overtime Compensation is available as an Adobe Acrobat document under the University's Policies and Procedures webpage.