Overtime and Compensatory Time - Non-Represented Exempt Staff

Archived: Active
Effective Date: November 30, 2016
Approval Date: November 21, 2016

Purpose

The purpose of this policy is to provide uniform guidelines and procedures for the accrual, use and payment of overtime and compensatory time by non-represented Exempt staff who work in over-time eligible positions. 

 

Applicability

This policy applies to non-represented staff employees in overtime-eligible positions that are civil service exempt under RCW 41.06.070. 

This policy does not apply to overtime-exempt positions, members of the faculty, faculty dean appointments, represented employees in the Student Supports Services Staff Union (SSSSU), and represented classified employees. 

Staff who are covered by a collective bargaining agreement should refer to the applicable agreement for overtime and compensatory time provisions.  Classified staff who are covered by the civil service rules should refer to WAC 357-28.

 

Determination

Employees in certain Exempt staff positions are eligible for overtime compensation.  Human Resource Services determines the eligibility of positions for overtime compensation in accordance with state and federal laws. 

 

Definitions

Compensatory Time:  Compensatory time off for overtime earned may be used in lieu of cash compensation if requested by the employee and approved by the supervisor.  Compensatory time off is accrued at the rate of one and one-half (1-1/2) hours of compensatory time for each hour of overtime worked.  

Full-time Employees:  Employees who are scheduled to work forty (40) hours per workweek. 

Overtime:  Time that an overtime-eligible employee works in excess of forty (40) hours per workweek.  Overtime is paid for any work hours in excess of forty (40) hours per workweek.

Overtime-Eligible Employees:  Employees who are covered by the overtime provisions of state and federal law.

Overtime-Exempt Employees:  Employees who are not covered by the overtime provisions of state and federal law and are not paid for overtime hours.  

Overtime Rate:  The overtime rate is one and one-half (1-1/2) of an employee’s regular rate of pay.  The regular rate of pay will not include any allowable exclusions.             

Part-time Employees:  Employees who are scheduled to work less than forty (40) hours per workweek.  Part-time, overtime-eligible employees receive overtime pay only for hours worked in excess of forty (40) hours per workweek.  Forty (40) hours or less are paid at the employee’s regular rate of pay. 

Work:  For overtime purposes only, the definition of work includes:

  • All time actually spent performing the duties of the assigned job(s);
  • All travel in accordance with applicable wage and hour laws;
  • Vacation leave;
  • Sick leave;
  • Compensatory time;
  • Holidays; and
  • Any other paid time not listed below.

 

Work for overtime purposes does not include:

  • Shared leave;
  • Leave without pay; and
  • Additional compensation for time worked on a holiday.

Workday:  One (1) of seven (7) consecutive, twenty-four (24) hour periods in a workweek.

Work Schedules:  Workweeks and work shifts of different numbers of hours established by the College in order to meet business and customer service needs, in accordance with federal and state laws.

Work Shift:  The hours an employee is scheduled to work each workday in a workweek.

Workweek:  A regularly re-occurring period of one hundred and sixty-eight (168) hours consisting of seven (7) consecutive twenty-four (24) hour periods. Workweeks will begin at 12:00 a.m. on Sunday and end at 12:00 midnight the following Saturday. 

 

Preapproval of Overtime

A supervisor will determine whether work will be performed on regular work time or overtime, the skills and abilities of the employees required to work, and the duration of the work.  Overtime-eligible employees must get approval from their supervisor before working any overtime hours.  If an overtime-eligible employee works unauthorized overtime, disciplinary action may be appropriate. 

Positive Time Reporting

Overtime-eligible employees will accurately report time worked in the Time & Leave System and in accordance with the College’s timekeeping procedures. 

 

Compensatory Time for Overtime-Eligible Employees

A supervisor may grant compensatory time in lieu of cash payment for overtime to an overtime-eligible employee, upon agreement between the supervisor and the employee.  However, a supervisor may not require an employee to accept compensatory time instead of overtime pay. 

Compensatory time must be granted at the rate of one and one-half (1-1/2) hours of compensatory time for each hour of overtime worked.

Employees may accumulate no more than one-hundred-and-sixty (160) hours of compensatory time.

 

Compensatory Time Use

An employee must use compensatory time prior to using vacation leave, unless this would result in the loss of their vacation leave or the employee is using vacation leave for Domestic Violence Leave.

Compensatory time must be used and scheduled in the same manner as vacation leave.  The Employer may schedule an employee to use his or her compensatory time with seven (7) calendar days’ notice.

Employees may use compensatory time for leave as permitted by the Domestic Violence Leave Act, RCW 49.76. 

Compensatory Time Cash Out

All compensatory time must be used or paid in cash at the end of each fiscal year. 

The employee’s compensatory time balance will be cashed out at their regular rate of pay on June 30th, at the time an employee separates from the College, or when the employee transfers to another position at the College.

Authority:         RCW 49.46

RCW 49.76

WAC 296-126

WAC 296-128

29 CFR 541

See Also:         WAC 357-28