MEDICAL UNIVERSITY OF SOUTH CAROLINA

Human Resources Management Policy

POLICY 11

NOTE: THIS POLICY, LIKE ALL OTHER MUSC HUMAN RESOURCES POLICIES, IS NOT A CONTRACT OF EMPLOYMENT AND SHOULD NOT BE RELIED UPON AS SUCH. THIS POLICY MAY BE CHANGED AT ANY TIME BY THE MEDICAL UNIVERSITY OF SOUTH CAROLINA.

1. POLICY
   1. Supervisors and managers are responsible for organizing and scheduling work in such a manner as to preclude the need for non-exempt (hourly-paid) employees to work more than 40 hours in a workweek.
   2. The use of overtime should be the exception to the regular work schedule. Non-exempt employees should only be required to work overtime as the result of unforeseen events, i.e., a crisis situation or a sudden, temporary increase in the workload.
   3. Non-exempt employees who work more than 40 hours in a workweek are entitled to overtime pay or to accrue compensatory time (See Human Resources Management Policy No. 10, Compensatory Time). Non-FTE employees, excluding those classified as Research (temporary) Grant employees, are not eligible to accrue compensatory time.
   4. Overtime work must be authorized in advance by the immediate supervisor or manager and, if necessary, the department head. Use of unauthorized overtime must be controlled. Employees who work unauthorized overtime must be compensated for the time worked. However, they should be disciplined for working overtime without authorization.
   5. When a manager or supervisor discovers that individuals are consistently working overtime, the operations of the department or work unit should be reviewed to avoid the frequent use of overtime.
   6. It is the responsibility of each manager and supervisor to ensure that the provisions of this Policy are administered fairly, appropriately and in the best interest of the University.
   7. The requirement that a non-exempt employee receive overtime pay or compensatory time accrue after 40 hours of work in a workweek is required by The Fair Labor Standards Act, a federal law, and may not be waived by the employer or employee.
      
      
2. PROCEDURES
   1. Overtime work must be authorized by the immediate supervisor or manager and, if necessary, the department head. Supervisors and managers may adjust weekly work schedules to eliminate the need for payment of overtime or accrual of compensatory time. Refer to Human Resources Management Policy No. 9, Work Schedules, and Policy No. 10, Compensatory Time, for additional information.
      
      A non-exempt employee's schedule may be adjusted by allowing the employee to work in excess of his/her normal workday and be given time off during the same work week at the rate of an hour for an hour, to avoid working over 40 hours in a work week.
   2. All hours worked in excess of 40 in a workweek will be paid overtime pay at the rate of one and one-half (1½) times the non-exempt employee’s regular rate of pay unless there is a prior agreement with the employee to allow compensatory time accrual. Compensatory time for non-exempt employees accrues at a rate of one and one-half (1 ½) hours for each hour of overtime worked. The workweek consists of seven consecutive 24-hour periods starting at 12:01 a.m. Sunday and ending at 12:00 a.m. the following Saturday.
   3. Hours worked include all time an employee is required or permitted to work for the employer, including work which the employee performs on or away from the University if the supervisor knows or has reason to believe the work is being performed.
   4. Employees do not receive overtime pay or compensatory time for hours worked between 37.5 and 40 hours per workweek.
   5. When calculating overtime pay, the regular rate of pay may not be the same as the employee’s base rate of pay. An employee’s regular rate of pay is calculated as all hours worked, longevities, shift differential, on-call pay, and callback pay for the week in which the overtime occurred. The employee’s regular rate of pay is automatically calculated by the Personnel/Payroll System.
      
      
3. INFORMATION
   1. Exempt/Non-exempt Status Under The Fair Labor Standards Act
      Exemptions from the overtime pay requirements of The Fair Labor Standards Act, for any employee in a bona fide executive, administrative, or professional position, will be determined by the Director of Human Resources Management, or his/her designee, in accordance with the provisions of the Act.
   2. Exempt Employees
      Exempt employees are not eligible to receive overtime pay. Exempt employees may receive compensatory time off for hours worked, for time spent traveling, attending meetings, training programs, etc., in excess of the 40-hour workweek. If granted, it must not be at a rate greater than one hour of compensatory time for each hour worked in excess of 40 hours in the official workweek.
      
      An exempt employee who is required to work a legal holiday will be given compensatory time, at a time convenient for the employee and the department in which employed, within one year from the date of the holiday.
   3. Minimum Wage
      All non-exempt employees must be paid not less than the current minimum wage.
   4. Compensation
      Compensation for all non-exempt employees is based on 40 hours per week or 2,080 hours per year.
   5. Overtime
      Overtime is all hours worked in excess of 40 hours in a consecutive seven days work period.
   6. On-Call
      The hours spent on-call are not regarded as work hours if the employee is not confined to his/her home or a particular place and is only required to leave word where he or she can be reached.
   7. Meal Periods
      A bona fide meal period of 30 or more minutes which occurs during the workday and during which the employee is completely relieved from duty, is not considered work hours. Employees who work during their meal periods (i.e., eat at their desk and still answer the telephones) must be compensated.
   8. Rest Periods/Breaks
      Rest periods of no more than 15 minutes are counted as hours worked. Rest periods are not mandatory and their use is left to the discretion of the department head. However, rest periods cannot be used to offset an employee’s tardiness or leaving early.
   9. Leave Status
      Annual leave, holiday leave, sick leave, and other supplemental leave are not considered hours worked.
   10. Travel Time (Non-Exempt Employees)
       All time spent traveling on one-day work assignments for MUSC is considered time worked regardless of time of day or day of the week. Travel time away from home involving an overnight stay for non-exempt employees is considered hours worked when it occurs during the employee’s normal working hours. This provision is applicable not only on regular working days, but also during the corresponding hours of non-working days.
   11. Meetings and Training (Non-Exempt Employees)
       When a non-exempt employee is required or approved to attend a meeting or training program, etc., the time away from work is considered work time.
   12. Holidays (Non-Exempt Employees)
       Time worked on a holiday is used in computing total hours worked. A non-exempt employee who is required to work on a legal holiday will be given compensatory time, at a time convenient for the employee and the department in which employed, within one year of the date of the holiday.