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DEDA

Overtime Rule for Nonexempt Employees

Non-exempt employees are not permitted to work more than 40 hours during a work week unless the additional work is approved by the supervisor. 

Paid leave or holidays taken during a workweek do not count as hours worked in computing overtime.

Non-exempt employees will be compensated for overtime by receiving compensatory time off at a rate of one and one-half times for all time actually worked over 40 hours in a workweek.  The following limitations apply:

  • Non-exempt employees may not accrue more than 60 hours of compensatory time (equivalent to 40 hours of overtime work).
  • An employee who has accrued compensatory time and requests to use it must be permitted to use the time off within a reasonable period after making the request if it does not unduly disrupt district operations. Undue disruption is not merely an inconvenience.
  • All compensatory time earned by non-exempt employees in any workweek must be taken during the 6-month period following the end of the workweek during which the overtime occurred.

Hours may be carried over at the end of the fiscal year, and will be paid out at termination.  Payment shall be at the current hourly base pay rate.

Employees repeatedly working unauthorized overtime may be subject to disciplinary proceedings.

If an employee is in a position of exceeding the 60-hour or 6-month limit the supervisor must formulate a compensatory time use plan with the employee to be submitted to the district office for approval. 

 

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