Overview

All hours worked beyond a regularly scheduled workweek are considered overtime hours for eligible employees, if authorized. Managerial employees are not eligible to receive overtime for any time worked beyond their scheduled work hours (at least 35 hours per work week).

Overtime Policy

Working overtime is not permitted without the prior written authorization of the Chancellor, Deputy Chancellor, Chief, Executive Director, Director, or authorized office head or designee. Anyone working overtime without such approval will not be paid for overtime work, except where required pursuant to the FLSA (Fair Labor Standards Act).

Note: Compensatory time rules for represented employees are governed by collective bargaining agreements.

No overtime credit will accrue for time taken for meals; all such time should be indicated on the timesheet and not credited as official business.

Eligible employees who work overtime in excess of the number of hours in their regular workweek, but less than forty (40) hours are paid at their basic hourly rate for overtime.

Monetary payments shall be made at the rate of one and one-half times the employee's basic hourly rate for overtime worked in excess of forty (40) hours in the employee's regular workweek.

Eligible employees whose regular workweek is shortened as a result of a summer workday schedule for those employees who work at facilities that aren’t air conditioned will be compensated with cash payment for overtime worked in excess of the number of hours in the shortened workweek, up to the number of hours in the regular workweek.

No credit shall be recorded for unauthorized overtime. Credit for all authorized overtime, beyond the normal work week, shall accrue in units of one-quarter (1/4) hour to the nearest one-quarter (1/4) hour. 

No individual employee’s overtime will be permitted to exceed 5% of the employee’s current salary without the written authorization of the Chancellor, Deputy Chancellor, or designee. Additionally, if an employee’s salary is over the DOE salary CAP amount, then cash overtime cannot be processed until a waiver is approved.  

Employees for whom cash payment for overtime is not permitted, and for whom the granting of compensatory time for overtime is permitted, will receive compensatory time on an hour for hour basis for overtime worked up to a forty (40) hour week and time and one- half for overtime worked in excess of a forty (40) hour week.

Compensatory time off shall be scheduled at the discretion of the office head. 

Time in any workweek during which an employee is in full pay status, whether or not such time is actually worked, will be counted in computing overtime.

Holiday Overtime

An employee who is required to work on any of the regular paid holidays specified in the section titled Holidays will be paid a 50% cash premium for all hours worked on the holiday and receive compensatory time off equivalent to the number of hours worked on the holiday.

Meal Allowance

An employee who performs authorized overtime not compensated for by cash payment will be reimbursed for meals in accordance with the appropriate schedule of maximum meal allowances in effect at such time. CyberShift generates the meal allowance payment when an employee meets the threshold for the meal allowance. Time off for meals shall not be computed as overtime. However, such time off shall not affect the continuity requirement of any schedule. 

When the Department of Education is officially closed early, supper money is not permitted for up to two (2) hours of additional work after the employee’s regularly scheduled working hours. Employees must work for two (2) hours beyond their regularly scheduled working hours to receive payment for supper money.

Note: Managerial employees are not eligible for overtime and therefore not eligible for meal allowance payments. This restriction does not apply to reimbursements for the cost of meals incurred as a portion of authorized travel expenses.