Frequently Asked Questions and Answers on the Overtime and/or
Compensatory Time Policy
This list of Frequently Asked Questions refers to Policy
302 in the Human Resources Policy Manual.
Sometimes I can’t complete my work during my regularly
scheduled workweek, and my department cannot afford to pay me overtime. Can
I just work the extra hours needed to complete the work and agree not to be
paid?
No, the right to overtime pay by a non-exempt weekly or hourly-paid
staff member cannot be legally waived. Any agreement to that effect is not
valid. Further, a non-exempt staff member cannot donate his/her services
to any entity under the direction of the Trustees of the University of
Pennsylvania. It is important to remember that all hours worked over 40
hours in a workweek must be paid at one and one-half times the staff
member’s regular rate of pay even if the staff member is doing it on
his/her own initiative. Staff members and their supervisors should discuss
work schedules and workload issues. Non-exempt weekly and hourly paid
staff members are not permitted to work overtime without prior supervisory
approval.
If I cannot complete my work during the day, can I
complete my work at home?
Non-exempt staff members are not permitted to work overtime, either at work or at home, without prior supervisory approval. If the time worked is not approved by his/her supervisor, the staff member will be paid; however, he/she may be subject to disciplinary action. Any time spent on work, whether on the work premises or at home, is considered time worked and must be compensated under the Fair Labor Standards Act.
If I take paid time off or sick days during the workweek,
will those days count toward the calculation of overtime?
No. Overtime is calculated only on hours "actually worked."
Paid time off, sick days, holidays, and bereavement leave are not counted
as "actual hours worked."
I often hear the terms "exempt" and
"non-exempt" when people are referring to employees. What do these
terms mean?
Some staff members are "exempt" from the overtime provisions
of the law because of the type of work they perform. The decision to
classify a position as "exempt" is based on the actual job
duties performed. Exempt staff members do not receive overtime pay for
hours worked in excess of 40 in a workweek. Non-exempt staff members, as
the term implies, are "not exempt" from the overtime provisions
of the law; they must receive one and one-half times their regular rate of
pay for all hours worked over 40 in a workweek.
As a supervisor, am I required to allow my staff members
to take rest periods after working a specific number of hours?
No. Rest periods are not required under the Fair Labor Standards Act.
However, if allowed, rest periods of 20 minutes or less must be counted as
time worked. Non-exempt staff members are paid for the amount of time of
the rest period and the time is included in overtime calculations.
Do non-exempt staff members have to be compensated for time spent responding to and sending work-related emails while off work premises?
Any time spent on work, whether on or off work premises, is considered time worked and must be compensated under the Fair Labor Standards Act. Non-exempt staff members are not permitted to work off premises without prior supervisory approval.
Do non-exempt staff members have to be paid for time spent
at seminars, lectures, meetings, training programs, and similar activities?
Attendance at seminars, lectures, meetings, training programs, and
similar activities will be counted as time worked unless all four of the
following criteria are met:
- Attendance is outside the staff member’s regular working hours.
- Attendance is voluntary and not required by the employer or
perceived by the staff member as a condition of his/her
employment.
- The program is not directly related to the staff
member’s job.
- The staff member does not perform any productive work
during attendance.
Do non-exempt staff members have to be paid for the time
spent in overnight out-of-town travel to a seminar, training program or
similar activity?
Time spent in overnight travel that corresponds to a non-exempt staff
member’s regular working hours must be counted as time worked. Travel
hours on Saturdays, Sundays, and holidays that correspond to a staff
member’s normal working hours on other days of the week are also
counted as time worked as long as the travel involves an overnight stay.
A non-exempt staff member must, of course, be compensated for any
productive work he/she actually performs while traveling. Bona fide meal
periods may be excluded.
Do non-exempt staff members have to be paid for time
spent in traveling to another city on business if travel occurs all in one
day and does not involve an overnight stay?
A non-exempt staff member who travels to another city for the day
should be paid for the time spent traveling. The staff member’s normal
commuting time to work may be deducted from the travel time.
I have a non-exempt staff member who eats lunch at his
desk and answers the telephone. Does he have to paid for his lunch hour?
Yes. Although meal periods are not required under the Fair Labor
Standards Act, the University provides staff members with an unpaid hour
for lunch. Bona fide meal breaks such as this are not considered time
worked. However, a staff member must be relieved from duty during a meal
break. The staff member cannot perform any duties, including answering
the telephone, while eating. Any time the staff member spends on work
during a meal break is considered time worked and must be compensated
time. Supervisors should inform their staff members that they are not to
work during their lunchtime. It is not necessary that a staff member
leave the work premises, only that he/she is completely freed from
duties and not allowed to work during a meal period.
Do non-exempt staff members who work more than eight
hours in a day have to receive premium overtime pay?
No, non-exempt staff members do not receive premium overtime at one and one-half times their regular rate of pay for hours worked over eight in a day unless required by other states’ laws affecting staff members who work in other states. They receive premium overtime pay only when their actual hours worked exceed 40 in a workweek.
What are the guidelines around the employment of
minors?
Employees under 18 years of age are prohibited, by the Fair Labor
Standards Act, from performing certain types of work that might expose
them to hazardous conditions. Children who are 14 and 15 years old may
perform non-hazardous jobs with restrictions on hours. They cannot work
during school hours and are limited to working 18 hours in a school
week, three hours on a school day between the hours of 7:00 A.M. and
7:00 P.M., eight hours on a non-school day, or 40 hours in a non-school
week. During the summer months – generally between June 1 and Labor
Day – they can work up to 40 hours in a week and up to eight hours in
a day between the hours of 7:00 A.M. and 9:00 P.M. Working papers or
permits are required for children under 16 years of age. Children under
the age of 14 are not permitted to work, except in certain limited
occupations.