UD Seal
Human Resources

Overtime

Section: Human Resources Policies
Policy Name: Overtime
Policy Owner: Executive Vice President
Responsible University Office: Office of Human Resources
Origination Date: May 1999
Revisions: August 2016; September 2016
Legacy Policy Number: 4-95
  1. SCOPE OF POLICYThis policy applies to all non-exempt employees.
  2. DEFINITIONS
    1. Non-exempt employee: An employee who must be paid for each hour worked according to the overtime requirements under the Fair Labor Standards Act (“FLSA”).
    2. Fair Labor Standards Act: A federal law that, among other things, establishes overtime pay requirements for non-exempt employees.
  3. POLICY STATEMENTAll non-exempt employees are subject to the overtime pay provisions of the Fair Labor Standards Act and must be compensated for all hours worked on behalf of the University of Delaware whether the work is on or off its premises.
  4. POLICY STANDARDS AND PROCEDURES
    1. Workweek.  The University’s standard workweek begins at 12:01AM Sunday and ends 168 hours later.
    2. Approval for Overtime.  Non-exempt employees are not permitted to work in excess of their regularly scheduled work hours without prior supervisory approval. Failure to obtain approval may result in discipline, up to and including termination of employment.
    3. Overtime Pay
      1. Non-exempt employees who work more than their regularly scheduled hours in a workweek will be paid the regular rate of pay for hours worked through 40 in one week and the overtime rate of one and one-half the employee’s regular rate of pay for all hours worked over 40. See the Holiday policy, http://sites.udel.edu/generalcounsel/policies/holidays/ for specifics related to premium pay for hours worked on holidays.
        1. Example 1: A non-exempt employee is regularly scheduled to work 37.5 hours / week. That employee works 41 hours in one week. They are paid their regular rate for the 2.5 hours over 37.5, they work and are paid at one and one-half times their regular rate for 1 hour.
        2. Example 2: A non-exempt employee is regularly scheduled to work 24 hours per week. They work 26 hours in one week. They are paid their regular rate of pay for all hours worked that week.
        3. Example 3:  A non-exempt employee is regularly scheduled to work 37.5 hours/week.  The manager approves the employee working 1 additional hour of time (for a total of 38.5 hours) within the same work week.  Instead of paying the 1 hour of time worked as straight time pay; the manager requires the employee to take the 1 hour off, using it as flexible time by the end of the same work week in which the overtime event occurred.
      2. Calculating Hours Worked for Overtime Purposes
        1. Paid vacation days, paid holidays, paid sick leave and workdays lost because of compensable on-the-job injuries in a work week shall be counted as days worked.
    4. Recordkeeping.  Non-exempt employees must record all hours worked, including any overtime hours, on a timesheet.  The non-exempt employee’s supervisor is responsible for verifying the actual time worked, approving the timesheet and keeping all time and pay-related records for at least three years.  Any employee who falsifies a time record may be subject to discipline, up to and including termination of employment.