Overtime and Compensatory Time

Policy Number: 8.2.40
Effective Date: February 27, 2023
Revision History: August 1, 2018
Policy Contact: Director, Payroll and Benefits

I. Purpose and Policy Statement

The purpose of this policy is to provide Georgia Gwinnett College requirements on the use of overtime and compensatory time in compliance with Board of Regents Business Procedure Manual (“BPM”) Section 5.3.2.1 Overtime and 5.3.2.2 Compensatory Time (Comp Time). The BPM section ensures adherence with the Fair Labor Standards Act (“FLSA”) relating to overtime and compensatory time for eligible employees, ensures consistency among University System institutions, and affords appropriate flexibility as needed at the institutional level. The standard workweek in the University System is forty (40) hours and the College makes the scheduling decisions regarding distribution of hours throughout the week.

II. Scope

The policy applies to all employees classified as non-exempt under the Fair Labor Standards Act. All GGC employees should be aware of this policy.

III. Definitions

Non-exempt employee: Employees who are covered by or subject to the federal wage-hour provisions of the FLSA. Non-exempt employees are required to be compensated for and to account for all hours worked.

Exempt employee: Employees who are not subject to the federal wage-hour provisions of the FLSA. Employees exempt under the FLSA are not eligible to accrue compensatory time or be paid overtime.

Overtime hours: Hours worked by a non-exempt employee that exceeds the standard forty (40) hours within the standard workweek.

Compensatory time: Paid time off given to an employee instead of overtime pay in compensation for extra hours of work.

IV. Compensatory Time

1. Georgia Gwinnett College has responsibility to minimize overtime work to the extent possible and has determined that compensatory time will normally be awarded in lieu of overtime payment. Compensatory time is calculated at the rate of one and one-half hours of compensatory time for each hour of overtime work. Compensatory time is accrued at the end of the pay period and has a maximum accumulation of 240 hours.
2. All compensatory time balances must be used by the second pay period in May or compensatory time balances on record as of May 31 must be paid out no later than the final biweekly pay period in June each fiscal year. Such payment shall be at the employee’s regular earnings rate at the time the payment is made. Compensatory time earned in June will carry forward into the upcoming fiscal year. Employees who have reached the compensatory time maximum of 240 hours must receive a cash payment for any additional overtime. 
3. Employees shall utilize accrued compensatory time prior to utilizing accrued vacation/annual and/or sick leave. Managers are responsible for monitoring accumulated compensatory time and ensuring that it is used within the required timeframes and that employees do not exceed the maximum accumulated hours. Failure to properly manage employee time could result in disciplinary action.
4. GGC’s official time recording system is the system of record for overtime and compensatory time. Compensatory time shall not be accrued and maintained outside of the time recording system. 
5. The employee must be paid for accumulated compensatory time if:
   1. The compensatory time has not been used as of the last full pay period of the fiscal year. 
   2. The compensatory time balance exceeds 240 hours.
   3. The employee terminates employment with the institution, including retirement or transfer to another USG institution.
   4. The employee’s FLSA status changes from non-exempt to exempt.
   5. The institution may require payment to the employee if the employee transfers between cost centers (departments) at the institution.
6. When compensatory time is paid to the employee, it should be paid at the regular hourly rate since the one and one-half calculation has already occurred.

V. Overtime

1. Any decision to allow employees determined eligible to work overtime will be by exception only. Employees working approved overtime must maintain a record of the total hours they work each day. Reported time must accurately reflect all regular and overtime hours worked, any absences, early or late arrivals, early or late departures and meal breaks, and should regularly be submitted for verification and approval. 
2. Employees are prohibited from performing any “off-the-clock” work, which means work performed, but unreported, in time management. Employees should review timecards and paychecks and verify correct pay for all regular and overtime hours worked each workweek. 
3. It is a violation of policy to falsify time records, or for any employee or manager to instruct another employee to incorrectly or falsely report hours worked or alter another employee’s time card to under- or over-report hours worked. Employees are prohibited from working overtime or working any hours outside of the scheduled workday unless a supervisor has authorized the unscheduled work in advance. Any employee who fails to report or inaccurately reports any hours worked will be subject to disciplinary action, up to and including discharge.

VI. Compensatory and Overtime Approval Process

1. All compensatory time must be approved in advance. A Compensatory Time/Exception Only Overtime Authorization Form must be completed and signed by the division Vice President and submitted to the Office of Payroll and Benefits prior to the compensatory time being worked. The Compensatory Time/Exception Only Overtime Authorization Form may be obtained by contacting the Office of Payroll and Benefits.
2.  Overtime will be allowed on an exception basis and approved in advance by the division Vice President. The completed form will be submitted to budget@ggc.edu at least two (2) weeks prior to the period in which the overtime will be worked. After the request has been submitted, the Office of Budget and Reporting will verify the department has available funds in the operating budget. Funds will be transferred from the department operating budget to the department personal services budget to cover the overtime. A notification email will be sent to the department budget manager regarding approval status and/or budget transfer completion.

VII. Standard Calendar Year Hours

For purposes of calculating hourly pay, 2,080 hours will be the factor used in all cases. The actual work hours in a year will not be used (including leap years).

VIII. Related Regulations, Statutes, Policies, and Procedures

BOR Business Procedure Manual 5.3.2.1 and 5.3.2.2
US DOL Fair Labor Standards Act
HRAP Fair Labor Standards Act Leave
HRAP Workweek and Overtime
HRAP Time and Leave Reporting
HRAP Emergency Call Back Pay and Variant Pay
USG Non-Exempt Hours Worked Guidance Resource
US DOL FLSA FAQs
US DOL FLSA Hours Worked Fact Sheet