4-52: Overtime Authorization, Compensatory Time, and Flex Work Scheduling – Policy

Policy Overview

This policy provides Santa Fe Community College (SFCC or College) and the Office of Human Resources the basis for compliance for overtime authorization, compensatory time, and flex work scheduling for employees in accordance with the Fair Labor Standards Act and other state and federal laws.

Scope and Applicability

This policy applies to all SFCC employees.

Policy Statement

Overtime and/or compensatory time must be authorized, in advance, by the employee’s supervisor. Generally, workloads and work schedules are arranged so that the employee’s duties and responsibilities can be accomplished in a normal 40-hour workweek. Overtime and compensatory time may be allowed for special projects, extensive meetings, or emergency work situations requiring work beyond a 40-hour workweek.

Definitions

1. Compensatory Time is time off granted for work performed in excess of 40 hours in a standard work week by an employee who is nonexempt.
2. Employee is any member of the college workforce: all staff (regular full-time, regular part-time, term, temporary, probationary, sensitive position); all student employees; all faculty (full-time, part-time, adjunct, probationary); all administrators, including interim; all contract employees.
3. Flex Work Schedule is any deviation from normal work hours and workdays (for example, 8 a.m. to 5 p.m.), with at least 30 minutes for lunch (12 p.m. to 12:30 p.m.), Monday through Friday.
4. Overtime is time worked in excess of 40 hours in a standard workweek by a non-exempt employee.
5. Overtime Compensation is 1.5 times the straight-time rate. Weighted average calculation will be used for overtime resulting from a secondary position.
6. Weighted Average The employee’s total compensation for the two jobs is divided by the total number of hours worked. That figure is the weighted average rate, on which the overtime rate will be based.

Policy Process

1. Overtime
   1. Exempt staff and faculty as defined in the Fair Labor Standards Act (FLSA) do not receive overtime pay.
   2. Non-exempt employees (as defined in FLSA) receive additional compensation for authorized overtime worked. Overtime compensation is at 1.5 times the straight time rate. Weighted average overtime compensation will be paid or compensatory time will be credited for all overtime hours worked.
   3. Any overtime must be approved in advance by the employee’s supervisor.
   4. The College reserves the right to determine the need for overtime and whether the employee is to be compensated for the extra hours worked beyond the standard workweek with pay or with compensatory time. The College may request that an employee be reimbursed via compensatory time only as long as the College notifies the employee 24 hours prior to working the overtime and the employee agrees to receive compensatory time in lieu of overtime pay. The employee reserves the right to choose to receive compensatory time or overtime pay.
   5. Leave and holidays are not considered time worked for purposes of computing overtime.
   6. Payment for overtime is usually included in the regularly scheduled paycheck following receipt of the employee’s time report.
   7. Repeated failure to obtain prior approval to work overtime hours may be grounds for disciplinary action, depending on the circumstances. This does not apply to employees who must provide required college services in excess of the work schedule.
2. Compensatory Time
   1. Time off in lieu of overtime pay at a rate of 1.5 times the number of overtime hours worked up to a maximum of 40 compensatory time-off hours accrued.
   2. Leave and holidays are not considered time worked for purposes of computing compensatory time.
   3. Compensatory time may not be accrued in increments of less than one hour. Any overtime under an hour must be paid out as overtime.
   4. Compensatory time may be accrued up to a maximum of 40 hours. Supervisors are not authorized to allow employees to work over 40 hours of compensatory time if the employee has reached the max accrual of compensatory time.
   5. Compensatory time off must be used within 60 days from the date accrued. An exception must be approved by the Office of Human Resources or the balance must be paid out as overtime.
   6. The Office of Human Resources will monitor compensatory time earned.
3. Flex Work Scheduling
   1. Flex work scheduling must be authorized, in advance, by the employee’s supervisor.
   2. Flex work schedules may be authorized between the hours of 6 a.m. and 10 p.m., seven days a week, with a minimum 30-minute lunch period each day.
   3. Flex work scheduling is not approved if such schedules require or result in increased overtime to accomplish work assignments.
   4. Employees are required to fulfill their required work hours in any given week.
   5. The College considers flex work schedules for its employees only to the extent such schedules do not detract from the mission of the department and College.
   6. Job requirements take precedence over flex work scheduling.
   7. Supervisors must insure that their departments are adequately staffed at all times during the hours an office is open to the public or dealing directly with students.
   8. Deans and supervisors have the responsibility and authority to cancel, suspend, or adjust flex work schedules if workload, special projects, special assignments, training, etc., would be more effectively addressed by working the normal work day. Permanent work schedule changes, including flex work schedules, require seven work days’ advance notice.
   9. From time to time employees may request flex work scheduling due to an emergency situation, such as illness, that requires an employee to remain at home. Temporary flex work scheduling may be requested and approved as long as the needs of the College are met.
   10. An employee may appeal the denial of flex work scheduling to the next level supervisor one step above the employee’s immediate supervisor.
   11. All appeals must be in writing.
   12. Decisions made by the next level supervisor on appeals are final.
4. Lunch Period
   1. Non-exempt employees are required to take at least a 30-minute lunch break during their normal workday. For exempt employees, it is highly recommended to take at least a 30-minute lunch break.
   2. It is recommended that employees take their lunch break prior to beginning the sixth hour of work. For example, if an employee comes in at 8 a.m., they should take their lunch before 2 p.m.
   3. Employee lunch breaks are coordinated with their supervisor to ensure proper coverage in the office.

Statement of Accountability and Responsibility

The President, through the Executive Director of Human Resources and Professional Development/EEO Officer and the Office of Human Resources, shall be responsible for enforcing human resources policies and procedures. The Office of Human Resources shall work with the different departments and offices to comply with this policy and develop procedures that will enforce this policy regarding awareness, prevention, and remediation.

Authority

The Fair Labor Standards Act (FLSA) of 1938, amendment of 1949
2016 Department of Labor Final Rule on FLSA Changes
New Mexico Minimum Wage Act, NMSA 1978, §§ 50-4-19 to -30

Approval

Revised and SFCC Governing Board approved: 8/6/03
Revised and SFCC Governing Board approved: 1/25/17

Associated Procedures

• Overtime Authorization, Compensatory Time, and Flex Work Scheduling – Procedures