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Handbook of Operating Procedures
  • Policy Process

    • Handbook of Operating Procedures
    Chapter 4 - Personnel - General
    Previous Publication Date: November 1, 2013
    Publication Date: August 5, 2024
    Policy Reviewed Date: December 22, 2023
    Policy Owner: VP for Business Affairs


    4.12 Overtime for Non-Exempt Employees

    I. POLICY STATEMENT

    It is the practice of the University of Texas at San Antonio (UTSA) to ensure that Non-Exempt Employees are scheduled in such a way that does not require them to work in excess of 40 hours during a Workweek, except when required by department operations. This policy does not apply to university course-based academic service learning or research approved by the Institutional Review Board (“IRB”)

    II. RATIONALE

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

    III. SCOPE

    This policy applies to all employees whose positions are designated as Non-Exempt.

    IV. WEBSITE ADDRESS FOR THIS POLICY

    http://www.utsa.edu/hop/chapter4/4.12.html

    V. RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS

    1. State Statutes
      1. Texas Government Code Chapter 659.015
    2. University of Texas System Policies or the Board of Regents' Rules & Regulation
      1. UTSA HOP Policy 4.27 State Compensatory Time
      2. UTSA HOP Policy 4.29, Hours of Work for Staff (Non-Faculty) Employees B.
    3. Other Policies and Standards
      1. Fair Labor Standards Act

    VI. CONTACTS

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

    1. People Excellence
      210-458-4250
      hr@utsa.edu
    2. Payroll
      210-458-4280
      payroll@utsa.edu

    VII. DEFINITIONS

    1. Non-Exempt Employee: An employee who, because of their job duties, is not exempt from the Overtime provisions of the Fair Labor Standards Act (FLSA).
    2. Overtime: Non-Exempt Employees must receive Overtime compensatory time or Overtime pay at a rate of time and one-half for any time worked in excess of 40 hours in a work week. Overtime is computed by multiplying the number of  hours worked in excess of 40 hours by 1.5.
    3. 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.

    VIII. RESPONSIBILITIES

    1. Supervisor
      1. Provides advance approval for any Overtime work that an employee anticipates. Supervisors may request employees to complete Overtime work when required by department operations.
    2. Non-Exempt Employee
      1. Non-Exempt Employees must receive approval from their supervisor prior to working hours in excess of their established schedule. If advanced approval is not possible (i.e. emergency situation) employees should provide a timely notification to their supervisor.

    IX. PROCEDURES

    1. Compensation Entitlement: Non-Exempt Employees who work in excess of 40 hours during a Workweek will be compensated by receiving Overtime compensatory time.
      1. Overtime compensatory time is accrued at a rate of 1.5 hours for each hour of Overtime subject to the following accrual limitations:
        2. Employees engaged in Public Safety or Emergency response activities 480 hours
        All other categories of Non-Exempt Employees 240 hours
        1. Accrued Overtime compensatory time in excess of the above limits will be paid out.
        2. Accrued Overtime compensatory time does not expire and the use of Overtime compensatory time is subject to the approval of the supervisor.
        3. An employee may be paid for Overtime hours worked, rather than accruing Overtime compensatory time, with approval from the Department head/Supervisor.
        4. Overtime compensatory balances will be paid out if an employee transitions from a Non-Exempt to an exempt position or if a Non-Exempt Employee separates from the university.
    Approval: Work schedules 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 department operations.
    Any Overtime work that an employee anticipates should be approved in advance by their supervisor, as outlined above.

    X. SPECIAL INSTRUCTIONS FOR INITIAL IMPLEMENTATION

    None

    XI. FORMS AND TOOLS/ONLINE PROCESSES

    None

    XII. APPENDIX

    None

    XIII. Dates Approved/Amended


    08-05-2024
    11-01-2013