Policy Number:         813

Date Effective:          10/03/1980                         

Date Revised:           01/02/1992

References:              39-3-405, MCA; 39-3-406, MCA; FLSA, Title 29 USCA Chapter 8, Section 201-219, as amended; 39-3-405-406, M.C.A.; Policy 3-0210, M.O.M., MUS 708.1.1                       

POLICY

Overtime is paid and compensatory time is accrued in accordance with the Fair Labor Standard Act, Montana State Law, collective bargaining agreement provisions and State Policies adopted by the MUS Board of Regents.

PROCEDURE

DEFINITIONS

“Overtime” is defined as time worked by a non-exempt employee in excess of 40 hours per week, unless specifically defined otherwise in a collective bargaining agreement. (2) “Workweek” is defined, for purposes of this policy, as seven consecutive 24-hour periods beginning Sunday at 12:01 a.m. through the following Saturday at 12:00 midnight. A department can change this established workweek only with the approval of the Director of Human Resource Services. Unless specifically defined otherwise in a collective bargaining agreement, this definition of workweek shall apply to employees covered by collective bargaining agreements with the exception of employees performing work on a Kelly shift.

OVERTIME COMPENSATION

Employees must obtain the approval of their supervisor prior to working any additional time which constitutes overtime. The supervisor is responsible for insuring that employees do not work any unauthorized overtime. The employee is responsible for limiting overtime to that which is requested by the supervisor and for obtaining the advance approval of the supervisor for any overtime worked.

NON-EXEMPT COMPENSATORY TIME

In order to use non-exempt compensatory time in lieu of overtime compensation, an employee and his/her supervisor must reach mutual agreement prior to the employee working additional hours, which will result in overtime. No department is required to make non-exempt compensatory time available to employees. In the event a department does allow the accrual of non-exempt compensatory time with the employee's agreement, such agreement shall be reached with each individual employee. Federal regulations allow for a maximum accrual of non-exempt compensatory time of 160 hours worked/240 hours compensatory time. A department may establish a lower maximum accrual. Written notification of a lower maximum shall be provided to Human Resource Services. Once the maximum allowable accrual has been met, the non[1]exempt employee shall receive overtime pay for all additional overtime worked.