Scope

This policy applies to all University of Nebraska Omaha (UNO) employees who work 40 hours per week.

Policy Statement

Employees of the University of Nebraska Omaha (UNO) may be required to work in excess of 40 hours during a work week. Office/Service employees are eligible for overtime compensation for hours worked in excess of 40.

The university’s work week is from 11:01 P.M. Thursday to 11:00 P.M. the following Thursday. Overtime will be paid at a rate of one and one-half times the regular hourly rate for hours worked in excess of 40 per week. Overtime must be approved by the employee’s supervisor prior to being worked. Vacation, Sick, Funeral, Military, Administrative and other approved leaves will not be included as hours worked toward the computation of overtime. Meal periods are not counted as worked if the employee is relieved from duty. However, if the employee is required to perform any duties while eating, the meal period will be counted as hours worked. The regular fifteen-minute breaks are considered hours worked.

At the discretion of the dean or director, compensatory time off may be granted instead of overtime compensation. Time off would be granted at the rate of one and one-half hours off for each hour of overtime worked. Compensatory time may be “banked” and given to the employee at a later date. However, employees may not have a balance of more than 60 hours (e.g. no more than 40 hours of actual overtime hours worked) of compensatory time. In the case of employees involved in public safety activities or seasonal work, a compensatory balance of up to 120 hours is permitted. Employees who have an earned balance of 60 (or 120) hours of compensatory time shall be paid for additional overtime hours at the rate of one and one-half times their regular hourly rate.

Employees who request to use earned compensatory time will be permitted to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operation of the department. All accumulated compensatory time must be taken (or paid off) prior to the effective date of a salary change or a department transfer. Employees who separate from the university will be paid for earned compensatory time.

Office/Service employees working for two or more separate departments or campuses will be paid overtime when the combined hours of all jobs exceed 40 in any work week. The primary home department is responsible for monitoring the total hours worked. Overtime hours should be submitted on the time report for the job in which the overtime is worked. Overtime must be paid at one and one-half times the highest hourly rate the employee is to be paid during the pay period. The Fair Labor Standards Act requires that a record of the hours worked each day by non-exempt employees be maintained. Departments are responsible for maintaining the records of hours worked by their Office/Service and any other hourly-paid employees. Internal auditors as well as federal auditors may request these records.

University employees may choose to work for the university in a part-time job on an occasional or sporadic basis in a different capacity than their regular employment. The hours of work in an unrelated job will not be counted as hours worked for overtime pay purposes on the regular job. Supervisors should check with the Human Resources Office prior to submitting a Personnel Action Form (PAF) authorizing the part-time work.

Reason for Policy

Employees who are covered by the Fair Labor Standards Act’s minimum wage and overtime pay provisions shall be compensated in accordance with the regulations governing the Fair Labor Standards Act (FLSA).

Forms

Overtime/Compensatory Time Authorization Agreement

History

This policy was developed and approved prior to the implementation of the campus policy development and approval process approved by the Chancellor’s Cabinet in October 2015.