|Faculty and Staff Home > Employee Handbook > Section III-4 - Leave Regulations > Time Off Plan for Overtime Compensation|
|Time Off Plan for Overtime Compensation|
The Fair Labor Standards Act (FLSA) requires state and local government agencies to compensate eligible employees for overtime hours worked. The FLSA allows the use of compensatory time off in place of overtime pay. In September 1985, Durham Tech adopted a plan for full-time and continuing part-time non-faculty employees which utilizes a compensatory time off approach.
The FLSA requires employers to define who is eligible for compensatory time off for overtime hours worked. The law establishes criteria for identifying exempt and nonexempt employees. Executive, administrative, professional, and outside sales personnel fall into the exempt category. According to the FLSA, exempt employees do not qualify for compensatory time off. However, the Durham Tech plan allows exempt employees to qualify for compensatory time off if they can document a consistent pattern of having worked in excess of 45 hours per week for a number of consecutive weeks. If this pattern is approved, documented, and verified by the supervisor, then those hours in excess of the 45 hours per week would be eligible for compensatory time off on an hour-for-hour basis. This approval should be granted only under extraordinary or highly exceptional circumstances.
Full-time and continuing part-time faculty members are exempt employees. To qualify for compensatory time, faculty members must document a consistent pattern of having worked in excess of 45 hours per week for a number of consecutive weeks on projects that are approved and verified by their Program Director and Department Dean. In such cases, compensatory time in excess of 45 hours per week can be awarded on an hour-for-hour basis.
If there is a need for a continuing part-time employee to work more than the regular weekly contracted hours (up to a maximum of 40 hours per week) and appropriate prior approval is received, then that employee will be paid for the excess hours at the normal rate of pay.
All employees who are not classified as exempt personnel are considered nonexempt employees. Nonexempt employees qualify for compensatory time off under the FLSA.
A list of exempt and nonexempt employees is available in the Human Resources Office.
Durham Tech's nonexempt employees are eligible for compensatory time off as outlined in the plan below.
Durham Technical Community College