Overtime Decision Tree for Non-Exempt Staff/Supervisors

Supervisors and staff members are expected to establish a weekly work schedule consistent with percentage of appointment (full time =40 hours). 

It is important for parameters around scheduling to be established between supervisors and staff members, even if this includes the opportunity for flexibility within agreed upon parameters.  Please refer to Flexible Work Option resources.

Overtime Decision Tree

Step 1: Has additional work occurred outside of this established schedule? 

Additional work may be the result of arriving early, staying late, working through unpaid meal periods, checking email after hours, required training, travel, etc.  Please refer to Hours Worked Under FLSA for more information about what must be compensated as time worked.

If the answer is "Yes" to Step 1, continue to Step 2.

Step 2: Is the scheduled work week over? 

The University work week is defined as Sunday-Saturday.

If not, the supervisor may either offer or direct the staff member to work fewer hours later in the same work week in order to stay within their percentage of appointment and avoid the cost resulting from overtime.

If the answer is "Yes" to Step 2, continue to Step 3.

Step 3: Does the total time worked beyond scheduled hours within the week exceed forty work hours (not including vacation, sick, holiday)?

If not, the additional time worked does not exceed 40 hours worked for the week, the number of additional hours worked must be paid at the staff member’s regular rate (enter the amount of time as “Hour in Excess of Regular Schedule-Code 71” in the University’s Time and Attendance application.*)

If the answer is "Yes" to Step 3, continue to Step 4.

Step 4: Overtime (hours worked over 40 within a work week) must be compensated at time and one half.  Does the department elect to use comp time as overtime compensation?

Under the provisions of the University Operations Manual (Part III, 17.2, b2) the department will determine whether to allow the accrual of compensatory time (to be used as  paid leave in another work week) taking into account the preference of the staff member, along with staffing and budgetary considerations.  The accrual of comp time is limited to 80 hours, and any comp time not used by the end of the fiscal year will automatically be paid out as cash.

If comp time is used to compensate for over hours 40, it accrues at 1.5 times the hours worked over 40 (enter "1.5 times the hours of overtime as P&S Non-Exempt Compensatory Hours Earned-Code 75" in the University’s Time and Attendance application*).

If the answer is "No" to Step 4, overtime must be paid.

The number of extra hours must be paid as overtime (enter actual amount of time as "Hours in Excess of Regular Schedule-1.5 Time Regularly Hourly Rate-Code 70" in the University Time and Attendance application*).

Please note:

  • *Staff and supervisors using other system applications to report time worked, e.g. ELMS for UI Health Care, will utilize different reporting entries.
  • All entries are recorded to the tenth of an hour, rounded to the nearest tenth, whether for time worked or hours of leave used.
  • Supervisors are required to review monthly time records to assure the accuracy of time reporting.
  • Even if additional time worked is not pre-approved or authorized, the fact that the work occurred means that the University must compensate the staff member.If a staff member is not following their work schedule, the lack of compliance must be addressed as a performance issue; pay cannot be withheld by law.