Statement

Georgetown University conforms with the Fair Labor Standards Act (FLSA) of 1938 (as amended) and state and local overtime laws in calculating and paying overtime to employees.

Non-exempt employees are entitled to overtime pay. Overtime is paid for all hours worked over 40 hours in one work week. Overtime pay equals one and one half times the employee's regular rate of pay.

FLSA compliance requires than an employee's primary duty qualifies their exempt or nonexempt status. Therefore, if a primarily nonexempt employee has an additional job with exempt duties, he or she will receive overtime pay for all hours worked, primary and secondary jobs combined, in a workweek. On the other hand, if a primarily exempt employee has an additional job with nonexempt duties, he or she will receive straight-time pay at the hourly rate agreed for the hours worked in the secondary job. For a primarily nonexempt employee employed in more than one job, the overtime rate is based on the weighted average rate of pay for all positions.

Exempt employees are not entitled to overtime pay or compensatory time off.

Philosophy

The University is required to pay overtime in compliance with the federal Fair Labor Standards Act of 1938 (as amended) and similar state and local laws. The University's overtime policy reflects the provisions of these laws.

Procedures

Approval for Overtime 
Since overtime is a variance from a non-exempt employee's normal work schedule, the supervisor must approve all overtime by non- exempt employees before the hours are worked. An employee who works overtime without supervisory approval is in violation of this policy. However, when an individual works overtime without the approval of the supervisor, overtime must be paid in compliance with applicable laws.

A supervisor may require an employee to work overtime. When possible, the supervisor should provide advance notice to the employee concerning the date and amount of overtime required. However, an employee may be required to work overtime without prior notice. In either case, employees are expected to work overtime as directed.

An employee may request overtime to complete an assignment; however, the employee must obtain the supervisor's approval in advance.

Compensatory Time 
A non-exempt employee who works in excess of his/her normal daily schedule may be permitted to take up to the equivalent amount of time off during the same work week as compensatory time.

Compensatory time may only be given when the supervisor and the employee have agreed, before the extra hours are worked, that compensatory time off will be provided instead of overtime pay.

Compensatory time will not exceed the actual extra time worked.

Computing Overtime 
For the purpose of computing whether more than 40 hours were worked only actually worked hours will be counted. Excluded are any paid leave, unpaid leave, scheduled or unscheduled leaves. The only exception is time away from work for approved training as called for under Policy 502.

When calculating overtime, the University includes all hours worked by an employee, even when the hours are worked in more than one job and/or department of the University. The overtime rate for an individual employed in more than one job at the University is based on the weighted average rate of pay for all positions.

Compliance 
Any employee violating this policy is subject to disciplinary action.

Responsibiity

Each department head is responsible for assuring compliance with this policy. Supervisors are responsible for scheduling and recording overtime correctly. Each employee is responsible for working overtime hours when required and securing supervisory approval, in advance, for overtime work. 

Resources

Contact the appropriate Human Resources department if you have questions about this policy or if you would like more information.