4.7.4 Overtime Pay


Jackson State University operates under the FLSA.  Non-exempt staff employees are paid at the rate of time and one-half (1½) for all hours worked in excess of forty (40) hours per week.  Fair Labor Standards Act (FLSA) does not limit the number of hours that any employee can work, but simply requires that overtime be paid to qualifying employees.

In case of necessity for work beyond the regular work-week, compensatory time off should be given first consideration.  The FLSA authorizes a public agency to provide compensatory time off in lieu of monetary overtime compensation, at a rate not less than one and one-half (1.5) hours of compensatory time for each hour of overtime worked.

Employees who work on a Saturday or Sunday are not automatically eligible for overtime compensation.  Work assigned on a Saturday and/or Sunday may be part of an employee’s normal work schedule, thereby compensable only at the employee’s basic pay rate.  Hours worked on weekend days will therefore qualify for overtime compensation only if the hours worked on such days meet the FLSA standards.

Overtime work performed by a non-exempt employee, whether approved by the supervisor or not, must be compensated as overtime.  There are times when employees may be required to work overtime.  Should this requirement arise for a non-exempt or overtime eligible employee, the employee must obtain approval from his/her supervisor prior to performing the overtime work.  Unapproved overtime can result in a reprimand.

Under the FLSA, certain positions are considered exempt from the overtime requirement.  The Division of Human Resources determines which positions meet the exemption standards of the Act.  All faculty, executive, administrative, and other professional staff positions are generally exempt from the overtime provisions of FLSA.  Exempt employees are expected to work the hours required to successfully perform the duties of his/her job and do not qualify for overtime compensation set forth by FLSA.

Overtime pay rates, eligibility, and requirements are established and governed by the Department of Fair Labor Standards Act (FLSA).

Exempt employees – are those who are exempt from overtime pay.  These employees are generally administrative, executive, or professional employees.

Non-exempt employees – generally receive an hourly wage and are subject to overtime pay.  Employees in this category are generally non-professional employees.

Holidays, sick days, vacation days, or other days off do not count as FLSA hours worked.

It is the responsibility of the supervisor or director to keep accurate records of time worked including hours in excess of forty (40) hours.  The willful falsification of records may subject the supervisor and/or the employee to criminal action.