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IS-2046 Overtime and Other Paid Time (Policy)

Human Resources

Release Date: 03/15/01
Revision 1: 05/10/01
Revision 2: 06/02/05
Revision 3: 12/13/13
Revision 4: 02/19/20

Policy

CNM Board Policy

Employee Handbook 5.02, Staff
Employee Handbook 7.04, Modified Schedule 
Employee Handbook 7.05, Election Days

Administrative Directive

Introduction

According to the Fair Labor Standards Act (FLSA), a non-exempt weekly or hourly-paid employee who works more than 40 hours in a workweek must be paid an overtime rate of one and one-half times the employee's regular hourly rate of pay for all time actually worked in excess of 40 hours in the workweek. This Administrative Directive also addresses paid time not discussed in other existing policy.

1. Overtime

1.1 Central New Mexico Community College (CNM) will decide when overtime is needed and which employees will be assigned overtime. Each supervisor must ensure that funds for overtime pay are available before authorizing overtime work. All overtime must be approved in advance by the supervisor or the department head of the employee working the overtime.

1.2 The supervisor must maintain the appropriate records which track the actual days and time worked, straight time and premium overtime worked, and leave used. Records include a biweekly Timesheet/Leave Register reflecting actual time worked and leave taken signed by all exempt and non-exempt employees. The employee's supervisor must sign the timesheet and is responsible for verifying the actual time worked.

1.3 All employees considered non-exempt under federal and state law who are required to work more than 40 hours during a workweek receive overtime pay at one and one-half times their regular hourly rate for each hour worked in excess of 40 hours in the workweek.

1.3.1 The College's workweek for the purpose of pay computation begins at 12:01 a.m. Saturday and ends at 12:00 midnight Friday.

1.4 Paid time that is not worked (such as paid sick leave and paid personal leave) does not count as time worked for the purpose of determining or computing an employee's entitlement to overtime pay.

1.4.1 Paid holidays are counted as time worked in the calculation of overtime pay.

1.5 The overtime premium rate is calculated at one and one-half times an employee's regular hourly rate for each hour worked in excess of 40 hours in a workweek

1.6 Non-exempt employees who have more than 40 hours of any combination of time for one week on their time sheet, but less than 40 hours of actual time worked, are paid straight overtime at their regular hourly rate for any hours that fall within this range.

2. Paid Time

Paid time includes actual time worked as required by an employee's job assignment and paid leave.

2.1 Non-exempt hourly-paid employees are paid for actual time worked at a job location as required by the job assignment.

2.2 Meal breaks will be paid time when a supervisor requires an employee to be on duty during the meal break (i.e., security guards who are on duty during such meal breaks).

2.3 Work breaks are considered time worked and are therefore paid time.

2.4 Attendance at meetings, conferences, training courses or other activities scheduled during work periods will be paid time when such attendance is required or authorized in advance by the College.

2.4.1 Employees visiting other College departments, including release time to attend College courses, must receive prior approval from their supervisor for absence from the work site.

2.5 Time lost from the employee's job location as a result of inclement weather, power failure, or other unforeseen events as described under Section 7.04 of the Employee Handbook will be paid time for full-time employees, instructors and part-time instructors only.

2.6 Time not actually worked, when that time is reported as annual leave, personal leave or sick leave, is paid time.

2.7 Time off for a specific purpose authorized and granted according to any other approved College policy will be paid time. (Examples include but are not limited to voting, jury/court duty and bereavement leave.)

3. Shift Differential

Non-exempt employees will receive a shift differential of $0.42 per hour for all hours worked as their regular shift assignment between 11:00 p.m. and 7:00 a.m.

3.1 The shift differential rate is determined by the Governing Board as part of the annual pay plan. Collective Bargaining Agreements in effect may supersede shift differential increases granted by the Board.

3.2 Exempt employees are not eligible for shift differentials.

3.3 Shift differentials must be counted as part of an employee's regular rate when calculating overtime pay.

3.4 Shift differentials are not counted in determining paid leave. Paid leave is based solely on an employee's base hourly rate.

4. Multiple Positions

Non-exempt employees may not hold more than one full-time College job (40 hours per work week) or jobs equaling more than one full-time non-exempt job at the College.  A weighted average overtime rate is used to calculate overtime in the event that a non-exempt employee who has more than one position at the College has worked over 40 hours in a workweek.

5. Definitions

Exempt

A reference to the FLSA's exemptions for executive, professional, and administrative employees. Exempt employees are paid a guaranteed salary and are not eligible for overtime pay.

FLSA

Fair Labor Standards Act

Non-Exempt

An employee's status under the Fair Labor Standards Act, the principal federal wage-hour law. Non-exempt employees receive a rate of pay at least equal to the federal minimum wage. Non-exempt employees also are entitled to overtime time pay of at least one-and-one-half times their regular rate for hours worked in excess of 40 in a workweek.

Overtime

All time actually worked by a non-exempt employee in excess of 40 hours in the workweek. Paid holidays are counted as time worked in the calculation of overtime pay.

Overtime Premium Rate

One and one-half times a non-exempt employee's regular hourly rate for each hour worked in excess of 40 hours in a workweek.

Shift Differential

Premium pay intended to compensate a non-exempt employee for working less desirable hours.

Straight Overtime

Time paid a non-exempt employee at the regular hourly rate for actual hours worked in excess of the scheduled workweek but not exceeding 40 hours.


 

Forms:

Support Materials:

IS-1802, Timesheet/Leave Register 
IS-2022, Holiday Pay

Reference Materials: