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Comparison of FLSA Overtime and State Compensatory Time
| Item |
Overtime |
State Compensatory Time |
Authority |
Federal Fair Labor Standards Act (FLSA) |
State Government Code |
Eligibility |
Non-exempt employees |
All employees |
Definition |
Work more than 40 hours in a workweek |
Record more than 40 hours of paid time in a workweek |
Compensation |
Time off or pay at the rate of "time-and-a-half" |
Time off at the "straight time" rate; non-exempt employees may receive equivalent pay rather than time off |
University policy/practice |
Grant time off or pay within same calendar month; may request banking |
12 months to use or forfeit |
Unit policy |
Recommend unit policy on accrual and use of overtime |
Recommend unit policy on accrual and use of state compensatory time |
Part time non-exempt |
Receive overtime if work more than 40 hours in
a workweek |
Receive pay at the regular hourly rate for hours
worked in excess of scheduled hours up through 40 |
Part time exempt |
Not eligible for overtime |
May receive pay at the regular hourly rate for hours worked in excess of scheduled hours up through 40 or receive equivalent state compensatory time |
Definitions:
FLSA (Fair Labor Standards Act):
Workweek:
- The period beginning at 12:01 a.m. on Monday and extending through the seven day period ending at midnight the following Sunday. The workweek for regular full-time employees is set at 40 hours per week. Note: Some employees may be subject to another standard workweek.
Exempt Employees:
- Exempt from the overtime and minimum wage provisions of the FLSA.
Non-exempt Employees:
- Covered by the overtime provisions of the FLSA and must be paid at least the minimum wage rate and overtime when they work over 40 hours in a work week.
FLSA Overtime:
- Time actually worked in excess of the standard 40 hour workweek. Paid leave or holiday time used is not counted as hours worked in determining overtime. Non-exempt employees accrue FLSA overtime at 1.5 hours for every hour actually worked in excess of 40 hours in a work week.
State Compensatory Time:
- Both exempt and non-exempt employees are eligible for state compensatory time. It occurs when the combination of hours worked and paid leave exceed 40 hours or when an employee works on a scheduled holiday or skeleton crew day. Earned state compensatory time is accrued at straight time and must be used within 12 months of when it was earned or the employee loses this time.
Banking of FLSA Overtime:
With prior approval from the Associate Vice President for Human Resources,
departments are allowed to "bank" FLSA overtime hours for a certain
period of time, which means overtime hours do not have to be used during
the pay period in which the hours were earned. If an employee has overtime
hours at the end of the fiscal year, he or she must be paid for them.
Approval for Earning FLSA Overtime or State Compensatory Time:
All earning of FLSA overtime or state compensatory time must receive prior approval from the supervisor.
Questions and Answers:
- How do I know if my title is exempt or non-exempt?
Go to: University Pay Plan [UT EID required]
Select #1 for the job code or #2 for the job title.
- How can I check proper payment of my overtime request?
Go to: Earnings Statement [UT EID required]
Enter month and year of desired earnings statement.
For questions about FLSA Overtime or State Compensatory Time, contact your Compensation Representative in the HRS Compensation Section at 471-5824.
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