Policy 5336 - Compensatory Time and Overtime - Classified

All overtime work must be approved in advance by an employee’s supervisor. In compliance with the Fair Labor Standards Act (FLSA), non-exempt Classified Employees will be paid overtime at the rate of one and one-half (1½) times his/her regular hourly rate for any hours worked over forty (40) consecutive hours during a defined District work week, provided that overtime was approved in advance by the Classified Employee’s supervisor. 

Employees who must work beyond their normal schedule but less than forty (40) hours per week will be compensated in straight-time pay. For the purpose of overtime, a work week begins at 12:01 a.m. Sunday and ends at 12:00 a.m. Saturday. 

Compensatory Time (Comp Time) may be authorized by a supervisor, in lieu of overtime pay, for Classified Employees who work over forty (40) hours during a defined District work week. Such compensatory time, given for consecutive hours over forty (40) worked during a work week will be granted at the rate of one and one half (1½) times the number of hours worked beyond the forty (40) hour work week. 

Hourly maintenance employees called in to work for an after hour’s emergency are guaranteed 2 hours of pay or time and one half (1½) whichever is greater. 

Compensatory time used to make up for lost time, most commonly due to an emergency situation, will be granted on an hour for hour basis at the District’s option. Compensatory time is earned on an hour for hour basis when the employee does not physically work forty (40) consecutive hours in the workweek. Days taken off as vacation time, sick leave, personal leave, holidays, etc. during the workweek are not considered hours worked and do not qualify for compensation for overtime purposes. 

The tracking of compensatory time shall be the responsibility of the supervisor, and periodically audited at the discretion of the District’s Administrative Offices. Compensatory time must be used within the month of the pay period in which it has been earned, or the one following, with no carry over beyond the fiscal year in which it was accumulated. A maximum of thirty-two (32) hours may be accrued.

A classified employee may not volunteer work time in an assignment similar to his or her regular work without pay.

A non-exempt employee who works overtime without authorization may be subject to disciplinary action.

Legal Reference:
29 USC 201, et seq. Fair Labor Standards Act

Policy History:
Adopted on:        Nov. 21, 2003
Revised on:        12/19/2018