Ohio Administrative Code › Title 3337 - Ohio University › Chapter 3337-40 - Policies on Discrimination and Benefits › Section 3337-40-49 - Overtime for non-exempt employees

Current through all regulations passed and filed through July 1, 2024
The version of this rule that includes live links to associated
				resources is online at
https://www.ohio.edu/policy/40-049.html
(A) Overview
This policy ensures uniformity in awarding of overtime
				compensation.
All employees in non-exempt classifications are entitled to
				overtime compensation. The payment of overtime is governed by the Fair Labor
				Standards Act. All overtime must be authorized by the supervisor or department
				head or chair, in advance of work being performed, except in cases of
				emergency. Bargaining unit employees covered under a
				collective bargaining agreement should refer to their current contract for
				specifics of participation.
(B) Process
Employees in job classifications identified as non-exempt from
				overtime provisions of the Fair Labor Standards Act are entitled to overtime
				compensation for all hours in active pay status in excess of forty in any
				calendar week. For purposes of this policy "active pay status" is defined as
				all hours worked or approved as paid leave. Vacation, sick leave, holidays, and
				compensatory time off are included in the calculation of active pay status
				hours. Hours worked on a holiday are not counted in determining hours on active
				pay status for overtime purposes since these hours are already compensated at
				the premium rate of time and one half. (See policy 41.125.)
Overtime compensation is paid at the premium rate of one and
				one-half times an employee's total hourly rate of pay. The total hourly rate
				includes the base rate of pay plus any pay supplements. Overtime hours are
				reported on the employee's time report for the pay period in which they were
				earned, unless the employee elects to receive compensatory time off in lieu of
				cash payment.
Temporary hourly, non-exempt employees are not eligible to
				receive compensatory time off in lieu of overtime pay. Other hourly, non-exempt
				employees may elect to receive compensatory time off in lieu of overtime pay.
				Such compensatory time is also awarded at the premium rate of one and one-half
				hours of time off for each hour of overtime. A maximum accrual of four hundred
				eighty hours is permitted for intermittent employees; a maximum accrual of two
				hundred forty hours of compensatory time is permitted for other employees. When
				the maximum hours of compensatory time accrual is reached, compensation for
				overtime shall be made in cash.
Compensatory time cannot be accrued until the total hours for
				the week exceed forty. The number of hours requested to be accrued must not
				exceed the number of overtime hours worked during that week.
Use of compensatory time off must be scheduled with supervisory
				approval, and the time must be used within one hundred eighty days from the
				date it is earned. If arrangements cannot be made to take the compensatory time
				off within the one hundred eighty-day period, such compensatory time will then
				be paid in cash. University human resources shall post online, and make
				available via paper upon request, the processes for staff to elect and to use
				compensatory time.
If an employee terminates employment or transfers to another
				department, the compensatory time balance must be paid at the time of
				termination or transfer. Such cash payment shall be paid at a rate which is the
				higher of:
(1) The final regular total
			 hourly rate; or
(2) The average
			 regular total hourly rate received during the last three years of employment.