3.6003R Approval and Use of Overtime

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I. Title of Regulation

Approval and Use of Overtime

II. Objective of Regulation

To ensure compliance with federal and State law regarding the payment of overtime for additional hours worked by non-exempt employees and compliance by supervisors to properly pre-approve all overtime work.

III. Authority

Bylaws of the Board of Trustees, Fair Labor Standards Act

IV. Regulation Statement

Brookdale Community College (the College) is required to properly compensate non-exempt employees for all work performed.  Non-exempt employees cannot perform work to benefit the College beyond their regular number of hours without compensation.

Supervisors may approve regular employees of the College for overtime work when all the following conditions are met:

1. The department director/department head pre-authorizes anticipated overtime work or is notified immediately of unanticipated/unplanned overtime work.
2. The total overtime expense is within the department’s budget.
3. Schedule changes within the work week and other less costly alternatives have been considered and determined to be ineffective.
4. The compensation rate for the overtime work is in accordance with the terms and conditions of a current negotiated agreement, College procedures, and federal/State law.

Documentation and Record Retention

The Authorization for Overtime form will be completed for approved overtime.  Absent extraordinary circumstances, this form is completed prior to the overtime worked.  The completed form shall be forwarded by the supervisor to the responsible Cabinet member, copied to the Department Director/Department Head, and maintained in the office of the Cabinet member.  The record retention requirement is 7 years, in accordance with 2.3000R and state record retention requirements.

Submitting Overtime

A single properly prepared Additional Time/Time Exception Report is completed for all overtime worked in a pay period, using the exception code “A – Additional Hours.” The reason for the overtime shall be included in the “Comments” section.  The assigned employee and the supervisor sign the form, certifying its accuracy.  The completed form is submitted to the Payroll Department. The completed Additional Time/Time Exception Report is expected within 2 weeks of the overtime worked.

Compliance

Employees who work overtime without prior authorization or who work unauthorized overtime must still be compensated for their time in accordance with the law; however, the College supervisor must address this regulation violation with the employee.  Repeat or egregious violations may result in disciplinary action.   Likewise, supervisors who permit overtime without specific per occasion authorization or adequate budget to cover the overtime expense are also subject to progressive discipline.

Advance notice for mandatory overtime or scheduling changes within the week may not be possible in all cases but affected employees will be given as much notice as possible.  Employees who refuse to work additional/changed hours will be subject to discipline although the College will strive to accommodate employees who have conflicts between mandatory overtime/schedule changes within the week and personal obligations.

V. Responsibility for Implementation

Associate Vice President, Human Resources & Organizational Safety, Cabinet Members

Approved:  President, 05/08/2019 

Procedures for Implementation of 3.6003R Authorization and Use of Overtime Regulation

1. Authorization to assign overtime is reserved exclusively to management; non-exempt (support staff) employees may not work overtime without prior approval. Support staff employees who work additional hours without prior approval are subject to disciplinary procedures.
2. Overtime is not automatically scheduled to replace an employee on vacation or leave or when a vacancy exists. Consideration of alternative means of covering the work, such as through the use of schedule changes during the work week or hourly employment, is a prerequisite of scheduling overtime.
3. Unless dependent on special skills, employees within a department will be offered overtime on a rotational basis in accordance with the negotiated agreement.
4. If overtime cannot be avoided, the supervisor must confirm adequate budget for the proposed overtime within the department’s budget.
5. Prior to the overtime, assignments must be approved in writing using the Authorization for Overtime Form (attached).
6. The employee completes and signs Additional Time/Time Exception Report.
   1. All overtime worked in a pay period will be submitted by the employee on one Additional Time/Time Exception Report.
   2. The supervisor(s) signs the Additional Time/Time Exception Report after the work is completed as verification of the overtime worked consistent with the pre-approved assignment.

7. A copy of the completed Authorization for Overtime is sent to the appropriate Cabinet member, copied to the Department Director/Department Head, and maintained by the Cabinet member for 7 years in accordance with 2.3000R.
8. An electronic Overtime Report will be established and distributed periodically to each Cabinet member for all overtime worked within the Cabinet member’s span of control. The Cabinet member will conduct an audit of the Authorizations for Overtime forms against the overtime payments identified in the Overtime Report and will address discrepancies.

April 2019