POLICY #8.5.1
SUBJECT: Overtime (non-Exempt Personnel)
III. DEFINITIONS
- Overtime: Overtime represents time actually worked by a non-exempt employee in excess of 40 hours during any Work week. For non-exempt law enforcement, Overtime eligibility is applicable at over 80 hours in a 14 consecutive day payroll cycle in alignment with Utah Code § 63A-17-502 and Division of Labor Standards.
- Leave Balance Accruals: The amount of leave an employee has accrued or earned as identified in Policies within “Section 9. University Leave”, and including compensatory time which is captured in weekly reporting for non-exempt employees who work in excess of 40 hours per week or for law enforcement as defined in III.A.
- Work week: The period between Saturday morning at 12:00 AM and the following Friday evening at 11:59pm.
IV. POLICY
- Employees are designated as either exempt or non-exempt from Overtime compensation in accordance with the Fair Labor Standards Act. Professional, supervisory, or management employees are designated as exempt and are not eligible for Overtime compensation. Employees designated as non-exempt are eligible for Overtime compensation.
- Per Utah code, work in excess of eight (8) hours in a single workday does not constitute Overtime under this policy. Overtime is based solely on hours actually worked in excess of 40 hours during a defined Work week. For law enforcement, Overtime only occurs when more than 80 hours are actually worked in a 14 consecutive day payroll cycle. (Time off for vacation, holidays, leave, sickness, etc., are not included as hours actually worked.) Daily hours may be varied within a Work week to accomplish necessary workloads and to limit or eliminate the necessity for Overtime, but supervisors shall also exercise care that extended work schedules do not result in fatigue-related safety problems.
- For employees who reside and work outside of Utah, the law of the state where they reside controls. Please contact the Office of Human Resources with any questions.
- Payment for Overtime requires the final approval of the cognizant division head. Supervisors are expected to manage work assignments proactively to minimize the need for Overtime whenever possible and to ensure compliance with this Policy.
- Employees are not authorized to work Overtime without the prior approval of the immediate supervisor. The only exception is an unforeseen emergency in which immediate action is required to protect safety, security, or critical operations. In such cases, the immediate supervisor must review and approve the Overtime on an after the fact basis.
- At the time of hiring, all non-exempt salaried employees must submit a signed FLSA agreement to choose to be compensated for overtime hours worked either through Overtime pay or compensatory time, up to 120 hours, after which the employee receives overtime pay for overtime hours worked. An employee may change their overtime compensation election by submitting an updated signed FLSA agreement with HR at any time. Employees who do not complete an election will default to accrual of compensatory time. Compensatory time may not be accrued beyond a maximum of of 120 hours (80 hours of Overtime multiplied by 1.5). Any Overtime hours worked beyond this limit must be paid out on the next payroll cycle.
- Compensatory time shall be accumulated at the rate of one and one-half (1.5) times the Overtime hours actually worked. To pay out Overtime or compensatory time, this request should be submitted via a Human Resources Electronic Payroll Action Form (EPAF) with justification of Overtime and payment from the employee's immediate supervisor and include the number of Overtime or compensatory hours to be paid out. The available hours can be found as “Compensatory Time (Non-Exempt)” in the Leave Balance Accruals of the employee.
- Employees who have been approved to work Overtime and earned compensatory time will work with their supervisor to use the time as soon as possible or have it paid within 180 calendar days following the day on which it was earned. When taking time off, compensatory time should be used before vacation time.
- Compensatory time not used at termination will be paid at the normal hourly rate multiplied by the hours of compensatory time accumulated as defined in Section IV.F.
- Supervisors are responsible for weekly review and approval of accurate records of compensatory time earned and used for non-exempt employees. All leave records must be maintained for four fiscal years for audit purposes.
- Overtime shall be reported in increments of one-quarter (0.25) hour.
- All Overtime payments, including payments made in lieu of compensatory time, and any associated payroll taxes and benefit costs, shall be the financial responsibility of the department in which the work was performed. Departments must fund all such costs. Costs may be covered from existing departmental budgets or budget revisions as needed. No additional institutional or central funding will be provided to cover overtime or compensatory time payments or related payroll expenses.
VI. QUESTIONS/RESPONSIBLE OFFICE
The responsible office for this Policy is the Vice President for Finance. For questions about this Policy, contact the Office of Human Resources.
VII. POLICY ADOPTION AND AMENDMENT DATES
Date Approved: October 15, 1993
Amended: July 1, 1998; March 28, 2025; August 31, 2026