FLSA and Overtime Pay Policy

This policy was posted for public comment from March 31 – April 15, 2025

Responses

Policy Statement (section 1)

In the policy statement, it references “youth employment standards that affect SLCC employees.” What are youth employment standards? Does the college have “youth employment standards?”

“Youth employment standards” refers to the employment standards regarding minors working for the college. Section 1 has been revised to reflect “minors” language.

3. Definitions

There are four definitions which should be embedded in this policy. They are in the personnel definitions document, but it would be easier to understand this policy if the definitions were embedded in the policy. The four terms that should be defined are: a) exempt employee; b) non-exempt employee; c) compensatory leave time; and d) overtime. There is no definition for “overtime” in the Personnel Definitions document. Also, the terms used should be identical to the terms defined. For example, “compensatory leave time” versus “compensatory time.”

Definitions for compensatory leave time, exempt employee, and non-exempt employee have been embedded in the policy. References to “compensatory leave time” have been standardized throughout the policy.

4.A. Non-Exempt Determination

Consider adding “in compliance with Federal and State law” after the word “determining.”

Section 4.A. has been revised to incorporate suggested language.

4.C. Standard Work Week

4.C.1-Given the usage of 40 hours per work week, it seems like this policy only addresses full-time employees. What about part-time employee? Shouldn’t they be addressed?

Part-time employees who are non-exempt only receive overtime compensation if they work over 40 hours in a standard work week.

4.C.2-This section prohibits the averaging of hours worked over two or more weeks. While this may be a FLSA requirement, this does not reflect the practice at the college, where averaging is often done. Training is necessary for supervisors on this issue.

Thank you for your comment.

4.D. Compensatory and Overtime Pay

4.D.2.b-This section states that if an employee works eight hours of overtime, they can be given compensatory time of 12 hours. (1 hour of overtime equals 1.5 hours of compensatory time.) That is not the practice at the college. An employee who works 1 hour of overtime is entitled to 1 hour of compensatory time. This should be clarified for employees.

Banner performs this functionality. When an employee enters 1 hour of compensatory leave time on their timecard, Banner calculates this at a multiplication of 1.5 on the backend. Sections 4.D.2.c&d address this.

4.D.3-This section allows an employee to elect to receive either overtime pay or compensatory time. This does not reflect the practice at SLCC. Typically, employees are not allowed to collect overtime, but rather are required to receive compensatory time.

4.D.2 states that the college prefers employees to take compensatory leave time. However, supervisors can establish a department-specific requirement that may state otherwise.

Sections 4.D.3 and 4.B should be reviewed carefully; they do not seem aligned. Section 4.B.1 seems like only the supervisor can approve overtime, but 4.D.3 states that the employee can elect overtime or compensatory time. Finally, section 4.B.2 says Employees who are not approved for overtime are subject to corrective action. Besides not being aligned, how does the college keep track of who is and is not authorized to work overtime?

This policy states that the college encourages employees to take compensatory leave time, but it is not required. Supervisors are responsible pre-approval of overtime because they are aware of the workload and department needs. Supervisors are responsible for tracking an employee’s overtime. If an employee begins to work overtime without supervisor approval, then the employee is subject to corrective action.

4.F. Holidays

Section 4.F.1 should have a link to what the college’s paid holidays are. Consider adding a link to the Holiday Leave policy.

Thank you for your comment. A hyperlink to the holiday calendar has been added.

4.G. Multiple Positions

4.G. may no longer be needed given PWC’s February 26, 2025, Memorandum entitled “Additional Assignments for Non-Exempt Employees.” Does this policy, as written, supersede the PWC February 26, 2025, Memorandum? The two seem contradictory. To be clear, I believe that non-exempt employees should be able to work an additional assignment/second position and be fairly compensated for that position. It should be the decision of the employee and the supervisor for the second position, if the pay meets or exceeds the hourly overtime rate.

This section has been removed and replaced with a reference to the Staff Additional Assignment Policy, which is under review. The revised Staff Additional Assignment Policy will include a statement clarifying, “full-time non-exempt employees are ineligible to have an additional assignment, including adjunct teaching assignments, or be paid for extra work through a stipend or one-time payment.”

4.G.1 should be reworded. It is not clear. How does one distinguish between the first and second department? 4.G.3-Is there a form for a supervisor to authorize overtime? If so, it should be linked to the policy. If not, a form should be created and linked to this policy.

This section has been removed to align with PWC’s February 26, 2025, Memorandum entitled “Additional Assignments for Non-Exempt Employees.”

4.H. Volunteer Work

There are a number of staff who participate in advising student clubs. In this capacity, they volunteer. As drafted, this policy seems to require that they be entitled to overtime pay, but they are not given this option.

Non-exempt employees who volunteer, where the volunteer work is similar to their regular job duties and the volunteer hours exceed the standard work week, must be given compensatory leave time or be paid at the time-and-one-half rate and must be approved in advance by their supervisor (4.H.2). For non-exempt employees where the volunteer work is not similar to their regular job duties and is not required by the supervisor, the volunteer work would not be compensated (4.H.3). However, Community Engagement Leave (CEL) may be allowable in those situations. It depends on the type of volunteer work. For example, based on Executive Cabinet discussions, CEL is allowable for employees to moderate unaffiliated student clubs that are also categorized as unrecognized. The Thayne Center will create documentation regarding the categorization of student clubs beginning in the Fall of 2025.

4.J. Reporting

According to payroll, they do not prepare a quarterly or annual report for the President or the Cabinet's review. For transparency purposes, this should be done and posted online.

This section has been removed.

Comments

Section G. Multiple Positions contradicts the memorandum regarding employee compensation dated 2/26/2025. The memorandum from 02/26/2025 states that "for compliance purposes, non-exempt employees are ineligible to have an additional assignment, including adjunct teaching assignments or be paid for extra work through a stipend or one-time payment." However, section G. of this policy gives guidelines for when a non-exempt employee can work a "second assignment [...] at the option of the employee." Does this policy as written supersede the previous memorandum? To be clear I believe that non-exempt employees should be able to work a additional assignment/second position and be fairly compensated for that position. It should be the decision of the employee and the supervisor for the second position as long as the pay meets or exceeds the hourly over-time rate.
I agree with the previous commenter!!!
C. For this policy, stalking is defined as: 1. engaging in a course of conduct, on the basis of sex, For this section, I am confused that the conduct would be based on sex. Stalking can and does involve not distinguish with regards to the sex of the person. The way I am reading this section, it would apply if the Stalker was of the opposite sex of the victim. Maybe I am missing something.
1. Policy Statement a. In the policy statement, it references “youth employment standards that affect SLCC employees.” What are youth employment standards? Does the college have “youth employment standards.” 2. References No comments 3. Definitions There are four definitions which should be embedded in this policy. They are in the personnel definitions document, but it would be easier to understand this policy if the definitions were embedded in the policy. The four terms that should be defined are: a) exempt employee; b) non-exempt employee; c) compensatory leave time; and d) overtime. The committee notes that there is no definition for “overtime” in the Personnel Definitions document. Also, the terms used should be identical to the terms defined. For example, “compensatory leave time” versus “compensatory time.” 4. Procedures 4.1. Section 4.A-Non-Exempt Determination 4.1.a. Consider adding “in compliance with Federal and State law” after the word “determining.” 4.2. Section 4.C-Standard Work Week 4.2.c.1. Section 4.C.1-Given the usage of 40 hours per work week, it seems like this policy only addresses full-time employees. What about part-time employee? Shouldn’t they be addressed? 4.2.c.2 Section 4.C.2-This section prohibits the averaging of hours worked over two or more week. While this may be a FLSA requirement, this does not reflect the practice at the college where averaging is often done. Training is necessary for supervisors on this issue. 4.D.2. Section 4.D.2 Compensatory and Overtime Pay a. Section 4.D.2.b-This section states conceptually states if an employee works eight hours of overtime, they can be give given compensatory time of 12 hours. (1 hour of overtime equals 1.5 hours of compensatory time.) That is not the practice at the college. An employee who works 1 hour overtime is entitled to 1 hour of compensatory time. This should be clarified for employees. b. Section 4.D.3-This section allows an employee to elect to receive either overtime pay or compensatory time. This does not reflect the practice at SLCC. Typically, employees are not allowed to collect overtime, but rather are required to received compensatory time. c. Sections 4.D.3 and 4.B should be reviewed carefully, they do not seem aligned. Section 4.B.1 seems like only the supervisor can approved overtime, but 4.D.3 states that the employee can elect overtime or compensatory time. Finally, section 4.B.2 says Employees who are not approved for overtime are subject to corrective action. Besides not being aligned, how does the college keep track of who is and is not authorized to work overtime. 4.F. Section 4.F Holidays a. Section 4.F.1 should have a link to what the college’s paid holidays are. Consider adding a link to the Holiday Leave policy. 4.G. Section 4.G-Multiple Positions a. Section 4.G.1 should be reworded. It is not clear. How do one distinguish between the first and second department? b. Section 4.G.3-Is there a form for a supervisor to authorize overtime. If so, it should be made a link to the policy. If not, a form should be created and linked to this policy. c. Section 4.G may no longer be needed given PWC’s February 26, 2025 Memorandum entitled “Additional Assignments for Non-Exempt Employees.” This memorandum effectively prohibits “non-exempt” staff from adjunct teaching. This memorandum is ill-advised, but it financially harms lower paying “non-exempt” employees from earning additional income as an adjunct instructor. Has the Department of Labor rescinded this directed given the new Presidential Administration. 4.H. Section 4.H-Volunteer Work a. There are a number of staff who participate in advising student clubs. In this capacity, they volunteer. As drafted, this policy seems to require that they be entitled to overtime pay, but there are not given this option. 4.J. Section 4.J-Reporting a. According to payroll, they do not prepare a quarterly or annual report to the President or Cabinet for their review. For transparency purposes, this should be done and posted online.

SLCC Policies and Procedures