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Administrative Rules

Subject: Overtime (Non-Exempt Employees) AR# 6.10.009
Based on Board Policy: F-10, Employee Compensation
Recommended by Council/President: Administrative Services Council
Date Approved/Amended: 7/6/87

It is the policy of Austin Community College to comply with the applicable regulations of the Fair Labor Standards Act. 

 I.  Eligibility

    Nonexempt employees (classified, hourly, work‑study) will earn time and one‑half for hours worked in excess of 40 hours a week. 

II.  Work Week Defined for Overtime Purposes

      A. The FLSA standard definition of a work week is "A regular recurring period of 168 hours in seven consecutive 24‑hour periods." 

        1.    The regulations state that each work week stands alone and must be considered separately when computing overtime hours (excess hours over 40).  An employer cannot average the hours of work by an employee over two or more work weeks. 

       2.     Paid time which is not worked‑‑such as vacation, sick leave, holidays, and inclement weather (as designated by the President)‑‑does not count as work time for the purpose of determining overtime.  An employee must actually work over 40 hours in a week in order to earn overtime. 

       3.     When adverse weather requires an employee to leave work early or prevents an employee from reporting to work, lost time is not counted as work time. 

       4.     If an employee works more than eight hours one day, but is directed or allowed to take off an equal number of hours on a day within the same work week, no overtime obligation is incurred. 

III.  Schedules of Work Activities 

      A.     To ensure that normal operations do not exceed the 40‑hour week requirement, the standard work week period is hereby established as follows:

                     Sunday, 12:01 a.m. (morning)


                     Saturday, 12:00 p.m. (midnight) 

      B.     The schedules of work activities should be organized so that employees are not required to work overtime, except when operating necessities demand it. 

 IV.  Hours Worked Defined 

      A.     Generally, all time during which an employee is required to be on duty at the employer's premises or at a prescribed work place is considered as hours worked. 

      B.     Only authorized overtime hours will be permitted. 

      C.     Employees required to work on a designated holiday are entitled to receive their regular pay plus holiday pay as determined by their employment status. 

      D.     Breaks are counted as work time. 

1.        Full‑time employees may take one 15-minute paid break during the first half of their shift (prior to the meal period) and one 15-minute paid break during the second half of their shift (after the meal period). 

2.        Breaks may not be combined with the meal period or another break.  Also, breaks may not e used in order to report to work late or leave early, and may not be used in conjunction with any type of leave.  If not taken during a specified time frame, breaks are lost since they may not be accrued. 

      E.      Meal periods are not counted as work time. 

      F.  Travel: 

          1.    Travel time, which is part of an employee's working day, is considered hours worked. 

          2.    Travel time spent going to and from work is not considered hours worked. 

          3.    Travel from one job site to another during the workday is counted as work time. 

  V.  Required Training 

Training related to an employee's current duties might be considered work time even if participation is voluntary, if it is approved by the employer and occurs during regular working hours. 

VI.  Employees Under Age Eighteen 

A.     State law requires that anyone under the age of 18 must complete an "Employment Certificate." 

B.  Employees under age 18 may not work more than nine hours per day, 48 hours per week, or six consecutive days per week; nor may they work before 6:00 a.m. or past 12:00 midnight. 

C.     Employees under age 16 may not work more than eight hours per day, 40 hours per week, or six consecutive days per week; nor may they work before 7:00 a.m. or past 7:00 p.m. (past 9:00 p.m. on non‑school days). 

D.     Employees under age 18 may not work in occupations declared hazardous by the Secretary of Labor. 

VII.  Dual Employment 

A.     Nonexempt employees may not engage in dual employment with Austin Community College in excess of the 40‑hour work week except when the work performed in addition to their regularly scheduled job meets the following criteria:

  1.     It is occasional or sporadic work, infrequent, irregular, or occurring in scattered instances, and is engaged solely at the employee's option without coercion, direct or implied, by the employer.

2.    It is also in a substantially different capacity, and is not within the same general occupational category. 

          Exception:  All nonexempt employees of the College who engaged in dual employment from April 15, 1986 through August 31, 1987 will be eligible to continue dual employment status.

        B.  Employees of the College, solely at their option and with the approval of the College, may agree to substitute for one  another during scheduled work hours in performance of work in the same capacity, in which case hours worked will be excluded in the overtime calculation. 

C.    The College may suggest that an employee engage in additional work, which may qualify, for exclusion from the overtime calculation; however, the employee must be free to refuse to perform such work without sanction and without being required to explain or justify the decision.

President:   Dan Angel Date:  8/18/87