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AP 3-170 Compensatory And Overtime

Arapahoe Community College
Series 3 - College Personnel
AP 3-170 - Compensatory and Overtime

Originated: November 2003

Revised: February 2014; September 2016

Effective: November 2003; February 2014; September 2016

References: Fair Labor Standards Act (FLSA) of 1938, Code of Colorado Regulations, 4 CCR 801-2, P 15-1-1, P 15-9-4

Approved:

Diana M. Doyle, Ph.D.
President, Arapahoe Community College

PURPOSE

This procedure contains pertinent information affecting employees, current through the date of its issuance. To the extent that any provision of this Procedure is inconsistent with State or Federal law, State Board for Community Colleges and Occupational Education Policies (BPs) or Colorado Community College System President’s Procedures (SPs), the law, BPs and SPs shall supersede and control. BPs and SPs are subject to change throughout the year and are effective immediately upon adoption by the Board or System President, respectively. Employees are expected to be familiar with and adhere to the BPs, SPs as well as College directives, including but not limited to this Procedure.

Nothing in this Procedure is intended to create (nor shall be construed as creating) an express or implied contract or to guarantee employment for any term. The College reserves the right to modify, change, delete or add to this Procedure as it deems appropriate.

This procedure establishes fair and equitable practices for approving and compensating overtime. This procedure covers all employees at Arapahoe Community College. In accordance with the Federal Labor Standards Act (FLSA), non-exempt employees are eligible to receive overtime pay at a rate of one and one half times their regular hourly rated pay for time worked in excess of 40 hours per work week. Exempt employees are not eligible for overtime; they are expected to work as many hours as required to perform the duties of the position.

SCOPE

This procedure applies to State Classified and Non-Exempt, APT (administrative professional technical) positions.

DEFINITIONS

Compensatory Time: Time off in lieu of cash payment.

Eligible Employee: An employee whose position qualifies for overtime compensation as required by the Fair Labor Standards Act, as amended.

Essential Personnel: Positions required to be on duty to perform the essential and/or emergency services of the college without delay and/or without interruption.

Exempt/Non-exempt: Arapahoe Community College Human Resources, within guidelines set out in federal regulations, shall determine the classification of positions or employees as “exempt” or “non-exempt” for purposes of compliance with the Fair Labor Standards Act (FLSA).

FLSA: Fair Labor Standards Act, as amended, and its regulations.

Overtime: Amount of time or portion thereof, which an employee works and that exceeds the work week or work period. The calculation for overtime pay cannot include hours counted as holidays, vacation, or other non-worked time as time served toward overtime, unless deemed Essential Personnel. As this is the current procedure, it remains in effect and all overtime/compensatory time should follow the parameters set out by this college procedure.

Time Worked: Approved paid absences, including but not limited to sick leave, vacation leave, holiday leave, injury leave, jury and witness duty, and funeral/bereavement leave, are paid at the employee’s regular rate of pay, but are not counted as time worked for the purposes of computing overtime, unless the employee is essential personnel.

Work Week: Arapahoe Community College observes the work week that begins on Saturday at 12:00AM and ends on Friday at 11:59PM.

PROCEDURE

Prior approval from the supervisor is required for overtime and/or compensatory time to be worked. The monthly timesheet will serve as documentation for overtime hours worked and taken by the employee.

Non-exempt employees may receive, in lieu of overtime compensation, compensatory time off at a rate of not less than one and one half hours for each hour of overtime work, pursuant to an agreement or understanding arrived at between the employer and employee before the performance of the work. Such agreement or understanding may be informal, but must be noted in the comments section of the monthly timesheet.

Overtime work for eligible employees is converted into compensatory time and must be taken within 120 calendar days or it will be paid out as overtime wages at one and one half times the regular hourly rate of pay on the next appropriate payday. The employee must submit a leave request that mirrors what is recorded on the monthly timesheet when using compensatory time. If the employee terminates employment prior to using the accumulated time off, the compensatory time will be paid out as overtime wages at one and one half times the regular hourly rate of pay. Compensatory time is separated from other leave credits and is not considered a part of annual leave, sick leave, or other leave. Compensatory time may not be earned in excess of 240 hours, or 480 hours for essential personnel.

If the employee elects to have the overtime compensated as overtime wages at one and one half times the regular hourly rate of pay, they must note it in the comments section of the timesheet and have received approval from the supervisor (budget permitting) in advance.

Exceptions: The President or designee may authorize an exception if an emergency exists or adequate replacement personnel are not available to perform the job.

Make Up Time Procedure: Non-exempt employees may make up time they are absent from their job in lieu of using another leave type if and only if the time that is made up is within the same work week. The employee must first obtain approval from his/her supervisor to use the make-up time option. Time may be made up by working extra time after the standard workday hours if there is meaningful work to be accomplished and it has been approved in advance.

Overtime and Compensatory Time Employee Acknowledgement

This procedure covers all employees at Arapahoe Community College. In accordance with the Federal Labor Standards Act (FLSA), non-exempt employees are eligible to receive overtime pay at a rate of one and one half times their regular pay for time worked in excess of 40 hours per week. Exempt employees are not eligible for overtime; they are expected to work as many hours as required to perform the duties of the position.

Overtime eligible employees at Arapahoe Community College are those in classifications that are mandated overtime compensation.

Prior approval from the supervisor is required for overtime and/or compensatory time. The monthly timesheet will serve as documentation for overtime hours worked and taken by the employee.

Non-exempt employees may receive, in lieu of overtime compensation, compensatory time off at a rate of not less than one and one half hours for each hour of overtime work, pursuant to an agreement or understanding arrived at between the employer and employee before the performance of the work. Such agreement or understanding may be informal, but must be noted in the comments section of the monthly timesheet.

Overtime work for eligible employees is converted into compensatory time and must be taken within 120 calendar days or it will be paid out as cash on the next appropriate payday. The employee must submit a leave request that mirrors what is recorded on the monthly timesheet when using compensatory time. If the employee terminates employment prior to using the accumulated time off, the compensatory time will be paid out as overtime wages. Compensatory time is separated from other leave credits and is not considered a part of annual leave, sick leave, or other leave. Compensatory time may not be earned in excess of 240 hours, or 480 hours for essential personnel.

If the employee elects to have the overtime compensated as overtime wages, they must note it in the comments section of the timesheet and have expressed approval from the supervisor (budget permitting) in advance.

This notification is not intended to create a contract of employment or to alter an existing contract of employment, if any.

VERIFICATION OF RECEIPT

I hereby acknowledge receipt of this notice:

Printed Name:

Employee Signature: