4.12 Overtime for Non-Exempt Employees

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I. POLICY STATEMENT

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It is the standard practice of all departments at the University of Texas at San Antonio (UTSA) to schedule non-exempt employees in such a way that does not require them to work in excess of 40 hours during a workweek except when required by operating necessities.   

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II. RATIONALE

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This policy provides procedures for overtime approval and payment options based on applicable federal and state laws.

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III. SCOPE

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This policy applies to all employees whose positions are designated as non-exempt.

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IV. WEBSITE ADDRESS FOR THIS POLICY

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http://www.utsa.edu/hop/chapter4/4-12.html

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V. RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS

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UTSA or UT System Policies or the Board of Regents' Rules & Regulations

1. UTSA HOP policy 4.27, State Compensatory Time
2. UTSA HOP policy 4.29, Hours of Work for Staff (Non-Faculty) Employees

Other Policies & Standards

3. Fair Labor Standards Act
4. Texas Government Code Chapter 659.015

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VI. CONTACTS

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If you have any questions about HOP policy 4.12, Overtime for Non-Exempt Employees, contact the following office:

People Excellence
210-458-4250

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VII. DEFINITIONS

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Non-Exempt Employees: Non-exempt employees are those employees who do not fall under the executive, professional or administrative exemptions to the overtime provision of the Fair Labor Standards Act.

Overtime Credit: Is the number of hours that is computed by multiplying the number of overtime hours worked by 1 ½.

Workweek: The standard workweek at UTSA consists of a seven-day period starting on Monday at 12:01 a.m. and ending on the following Sunday at midnight.

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VIII. RESPONSIBILITIES

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1. Supervisor
   1. Receives advance approval from their management line, up to the vice president or designee for any overtime service that a supervisor anticipates or requires of non-exempt employees.
   2. Completes the Request for Overtime Authorization form.
      1. Submits form to Payroll when overtime is being paid.
      2. Retains form on file when compensatory time is being accrued based on overtime credit.
2. Payroll
   1. Verifies approval of overtime when being paid out.

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IX. PROCEDURES

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1. Compensation Entitlement: A non-exempt employee who works in excess of 40 hours in one workweek is entitled to receive compensation for the excess hours in one of two ways and as determined by the department:
   1. Compensatory time may be accrued at the rate of 1 1/2 hours for each hour of overtime subject to the following accrual limitations:
      

      Employees engaged in public safety or emergency response activities	480 hours
      All other categories of non-exempt employees	240 hours

      1. Hours in excess of the above limits must be paid out.
      2. Accrued compensatory hours from overtime credit do not expire. The use of compensatory hours based on overtime credit is subject to the approval of the supervisor
      3. All compensatory time based on overtime credit must be posted on the time keeping system in HRIS consistent with section XXI, Reporting and Recording, of HOP policy 4.20, Authorized Leave.
   2. If department policy permits or if the department has obtained approval, an employee will be paid for overtime hours at the rate equal to 1½ times the employee's regular rate of pay.
2. Advance Approval: The schedule of activities will be organized so that non-exempt employees are not required to work in excess of 40 hours during a workweek except when required by operating necessities. Any overtime service that a manager/supervisor anticipates or requires of non-exempt employees should be approved in advance by management. The Request for Overtime Authorization form must be completed and distributed as follows:
   1. Compensatory time accrued based on overtime credit (not paid):  Immediate manager/supervisor completes the Request for Overtime Authorization form and forwards it through management, up to the appropriate Vice President or designee of the department.
      1. The form is returned to the requesting manager/supervisor who will retain it in their unit files based on record retention schedules.
   2. Overtime Paid: Immediate manager/supervisor completes the Request for Overtime Authorization form and forwards it through management, up to the appropriate Vice President or designee of the department. The form is then forwarded to the Payroll Office with a copy returned to the requesting manager/supervisor.
      1. The form is returned to the requesting manager/supervisor who will retain it in their unit files based on record retention schedules.
3. Should emergencies arise which do not permit sufficient time to obtain prior written approval, managers/supervisors should obtain verbal approval and complete the Request for Overtime Authorization form as soon as possible. The immediate manager/supervisor is accountable and responsible for obtaining advance approval before allowing non-exempt employees to work overtime.
4. Violations of this policy will be dealt with as a performance issue and may warrant disciplinary action.
   
   

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X. SPECIAL INSTRUCTIONS FOR INITIAL IMPLEMENTATION

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None

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XI. FORMS AND TOOLS/ONLINE PROCESSES

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Request for Overtime Authorization Form

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XII. APPENDIX

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None