Procedure 30. III. D. – Overtime and Over Schedule (Non-Exempt Employees Only)

Procedure 30. III. D. – Overtime and Over Schedule (Non-Exempt Employees Only)

A. Policy

As soon as possible after the need for overtime is determined, the Department Head or designee shall notify the employee that overtime must be worked. Upon request, an employee is expected to work overtime. However, in assigning overtime the Department Head or designee will take into account employee preference for overtime assignments.

B. Definition

Refer to UC-PPSM 32 (Overtime), Section B.

C. Compensation for Overtime

For overtime which is compensable at the premium rate, the method of compensation (either compensatory time off or pay) shall be at management discretion, unless agreement regarding the method of compensation is not reached, in which case pay shall be provided instead of compensatory time off. The Department Head or designee is responsible for ensuring that a "Compensation Time Agreement" is completed and forwarded to Campus Human Resources (CHR). (See the Model Notice Regarding Overtime Compensation for Employees Covered by UC Personnel Policies for Staff Members (PPSM) [32-1].) This form establishes a record of the employee's decision with respect to acceptance of compensatory time off in lieu of premium overtime pay for hours worked in excess of 40 per week at management's discretion. The agreement should be used for employees who are hired, transferred, reclassified, or promoted into positions which are designated as non-exempt. The department is the office of record for the compensatory time agreement. The agreement will be retained for the same period of time as other time records for the employee.

D. Compensatory Time Off

UC-PPSM 32 (Overtime), Section C.4 provides for accrued hours of premium overtime to be paid at the employee's rate at the time of payment if they are not taken as compensatory time off within six months or within the authorized period of extension. Extensions to the six month period may be authorized by the Department Head or designee.

Back to Top

E. Use of Compensatory Time

To use accrued compensatory time off for personal or family illness pursuant to UC-PPSM 43 (Leave of Absence), Section C, "Family and Medical Leave," an employee may be required to submit medical certification of inability to work or illness in the family.

F. Payment of Overtime Upon Transfer

An employee who is transferred to another department shall be paid for any authorized overtime, accrued compensatory time, and accrued TRIP time by the department in which the time was worked.

G. Payment of Overtime for Multiple Part-Time Appointments

In the case of employment in two or more classes, one of which is subject to premium payment, the overtime worked is subject to compensation at premium rates as follows:

1. If more than 20% of the total hours worked in a workweek is in a class subject to premium overtime rates, all overtime shall be subject to compensation at the premium rate.
2. If 20% or less of the total hours worked in a workweek is in a class subject to premium overtime rates, all overtime shall be compensated at the straight time rate.

H. Determining Regular Time, Overtime Straight, and Overtime Premium

To compute the hours of overtime in a workweek, it is necessary to determine the number of hours on pay status. Hours on pay status over 40 hours during a workweek are overtime. Time spent on-call but not actually worked is not considered as hours of work nor as hours on pay status for the purpose of determining hours of overtime. Refer to UC-PPSM 31 (Hours of Work), Section B.6. However, payment for on-call time shall be included as a part of total straight time compensation in calculating the premium overtime rate. If an employee is called, the time actually worked shall be reported as Regular Time, Overtime Straight, or Overtime Premium, as appropriate.

Back to Top

Examples:

To compute the number of hours subject to compensation at the premium rate, it is necessary to determine the number of hours actually worked during the workweek. In the examples given below, overtime premium at time and one-half is for actual hours of work in excess of 40 hours per week.

• If an employee is required to work on a holiday and also works the other 32 hours during a workweek, there is no premium overtime. (Note: Holiday pay is reported as regular time; the time worked on the holiday is reported as overtime.) 

• An employee works the regular 40 hours during a workweek and in addition is on-call 24 hours, of which 8 hours is actually worked. The time is defined as follows:

• An employee is on sick leave for 8 hours during a workweek in which the employee works 9 hours of overtime.
  (Note: Hours paid for sick leave are reported as regular time.) The time is defined as follows:

• An employee takes two hours of vacation during a workweek and also works 12 hours of overtime.
  (Note: Hours paid for vacation leave are reported as regular time.) The time is defined as follows:

Back to Top

I. Compensation of Overtime for Employees in Classes Eligible for Shift 

If an employee holds an appointment in a class eligible for shift differential (see Policy 33), the rate of overtime pay shall be determined as follows:

1. An employee who receives a shift differential for an assigned evening or night shift shall have that differential included as part of the pay rate for any overtime hours worked, regardless of the shift in which the hours are worked.
2. An employee assigned to the day shift does not receive a shift differential for overtime hours worked on an evening or night shift unless 1) at least half of a shift of eight hours or longer is worked after 5 p.m. and before 8 a.m., or 2) at least four hours of a shift of less than eight hours are worked after 5 p.m. and before 8 a.m., and 3) the overtime shall not be compensated at a premium rate.
   
   For example, an employee receives an hourly rate of $5.70 in a class which pays $0.32 per hour shift differential. When regularly assigned to the evening or night shift, overtime compensation shall be computed as follows:

When regularly assigned to the eight-hour day shift, overtime pay shall be computed as follows:

Back to Top

J. Including On-Call When Calculating the Regular Rate for Premium Overtime Pay

On-call is time when an employee is free to engage in activities for his/her own purposes but is required to inform the employer how he/she can be reached so as to be available for return to work. Refer to UC-PPSM 31 (Hours of Work), Section B.6. On-call time is not counted as hours of work for purposes of calculating overtime. Payment for on-call time is included as a part of total straight time compensation in calculating the regular rate for premium overtime pay.

To calculate the premium overtime rate, add the payment for on-call time to other compensation for the week, and then divide by the number of hours worked.

Example

• An employee's regular rate of pay is $5.70 per hour, and there is an on-call shift of eight (8) hours at 25% of the regular rate. During a workweek, the employee works 40 hours of regular time, eight (8) hours of overtime, and is on-call eight (8) hours. The premium overtime rate is computed as follows:

Hours: