Overtime Compensation (CA)
This policy applies to weekly-paid staff members on hourly compensation plans (i.e., in non-exempt positions). All such staff members are subject to the overtime pay provisions of the Fair Labor Standards Act (FLSA) and must be compensated for all hours worked, including all hours worked on and off of work premises. They may not donate their services to any entity under the direction of the Trustees of the University of Pennsylvania. Supervisors must authorize, in advance, all time worked over a staff member’s regularly-scheduled number of hours.
302.1 Premium Overtime (OTP)
According to the FLSA, a staff member on an hourly compensation plan who works more than 40 hours in a workweek must be paid an overtime rate of one and one-half times his/her regular rate of pay for all time worked over 40 hours in the workweek. The University’s standard workweek for pay computation purposes is 12:00 a.m. Monday through 11:59 p.m. Sunday.
In California, a non-exempt weekly or hourly-paid staff member must be paid a premium for overtime hours as follows:
- One and one-half times the staff member’s regular rate of pay for all hours worked in excess of eight (8) hours in a workday, up to 12 hours, or in excess of 40 hours in a workweek;
- One and one-half times the staff member’s regular rate of pay for the first eight (8) hours worked on the seventh consecutive day of work in a workweek; and
- Double the staff member’s regular rate of pay for all hours worked in excess of 12 hours in a workday and after eight (8) hours on the seventh consecutive day of work in a workweek.
Time charged to Sick Leave, Paid Time Off and other leave balances are not included when calculating overtime.
All nonexempt employees are entitled to at least one day of rest every seven days in a workweek unless their total hours worked are 30 hours or less in the workweek and six hours or less every day of the workweek. An employee may independently and voluntarily choose not to take a day of rest and confirm such choice in writing with the University.
302.2 Straight-Time Overtime (OTS) and Makeup Time
A non-exempt weekly or hourly paid staff member who works in excess of his/her regular schedule (e.g., if full time: 35 or 37.5 hours; if part-time: 17.5 to 28 hours) up to 8 hours in a work day or 40 hours in a work week must be paid at his/her regular hourly rate for time worked in excess of his/her regular schedule. Staff members are not eligible for time off (compensatory time) in lieu of payment for working in excess of their regular schedule up to 8 hours in a workday or 40 hours in a workweek.
Non-exempt staff members may request to make up lost time due to personal obligations, without being paid overtime, provided no more than 8 hours are worked in a workday or 40 hours in a workweek. Also, the makeup hours must be worked in the same workweek as the missed hours. Use of makeup time in lieu of overtime must be approved by management. In order to request make up time, staff members must submit a signed written request for makeup time for management approval before working the makeup time.
Monthly-paid staff members on salary compensation plans (i.e., in exempt positions) are not eligible to receive overtime pay.
302.3 Administration
Premium or Straight-Time Overtime Pay
Staff members on hourly compensation plans must be paid for all premium overtime (OTP) or straight-time overtime (OTS) on the pay date corresponding to the workweek in which the time was worked.
All time and pay-related records must be kept for at least four years.
302.4 University Staff Who Are Covered By Collective Bargaining Agreements
University staff members covered by collective bargaining agreements should refer to the appropriate articles in their contracts.