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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.

  1. A 7-day, 40-hour work period is used as the basis for calculating overtime hours.

  2. Compensatory time off accrues at the rate of one and one-half hour for each hour worked in excess of the 40-hour work period.

  3. Employees may accrue overtime hours up to a maximum of 120 hours, which represents 80 hours of overtime actually worked at the one and one-half hour rate.

  4. No employee will be allowed to exceed the 120-hour limit on accrued overtime hours.

  5. Immediate supervisors should prepare a work schedule for each nonexempt employee that limits the employee's work hours to no more than 40 hours per week. The appropriate Division Head must approve in advance any hours to be worked beyond the scheduled 40 hours.

  6. If the hours scheduled exceed 40 hours, the immediate supervisor and employee should plan when the compensatory time off will be taken prior to the accrual of the overtime hours. Use of compensatory time off should not "unduly disrupt" the operations of the college. The Employee Leave Request and Leave Report should be used for preapproval of compensatory time off.

  7. The immediate supervisor and the employee are responsible for using time cards to keep a record of all overtime hours worked and compensatory time off used. The Employee Leave Request and Leave Report form should be completed and submitted to the Business Office with each payroll transmittal.

  8. Use of compensatory time off should occur within a reasonable period of time. All compensatory time off must be used within the same semester in which the overtime hours are accrued. Exceptions must be approved by the Division Head and the President.

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Durham Technical Community College
1637 Lawson Street
Durham, NC 27703
(919) 686-3300

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