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Frequently Asked Questions

How does System policy address overtime and compensatory time for exempt employees?

FAQ
Texas A&M University System Regulation 31.01.09, Overtime, states that "Employees who are exempt under FLSA are not compensated under the federal or state overtime provisions." However, in cases where an exempt employee is required to work on a scheduled holiday, the employee will be provided an equal amount of time off during the 12 month period following the date of the holiday worked.
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How does overtime and compensatory time apply to exempt employees?

FAQ
Recall that exempt employees do not have to be paid for overtime hours because they are not covered by FLSA. While the Act does not say you cannot pay overtime to exempt employees, some federal courts have examined the issue and ruled that such action can lead to loss of an employee's exempt status.
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What is the difference between overtime and compensatory time for non-exempt employees?

Benefits: FAQ @ TCC HR
Overtime is earned when non-exempt employees physically work more than 40 hours in a workweek (Sunday through Saturday). Compensatory time is earned when non-exempt employees log more than 40 hours for the workweek, but did not physically work over 40 hours in the workweek. For example, non-exempt employee is paid 8 hours of holiday pay for Monday, then works 10 hours each day, Thursday through Friday. Total hours logged for the week equal 48, but the employee only physically worked 40 hours.
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Can employees receive compensatory time instead of receiving overtime payments?

Minimum Wage Program FAQs
If an employee is a non-exempt employee, meaning an employee who is due overtime, the employer may not award compensatory time in place of paying overtime compensation.
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What classifications of employees are exempt from FLSA overtime pay requirements?

Frequently Asked Questions | Employers | Georgia Department ...
Generally the FLSA exempts executive, administrative, professional, and outside sales employees from overtime requirements provided they meet certain tests regarding job duties and are compensated "on a salary basis." The web sites below give specific conditions for each classification as well as other types of occupations. Under federal law, a minor must be 14 years old to work for an employer.
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Are salaried employees always exempt from overtime?

Minimum Wage Program FAQs
Just because an employee is paid on a salaried basis does not mean that the employee is not entitled to overtime compensation. The nature of the job and/or the type of employer dictates whether or not an employee is eligible for overtime. For a list of employees exempt from overtime, click here: M.G.L. c. 151, ?1A No, overtime is based on hours actually worked during a given work week.
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Do you pay overtime or compensatory time?

Zeitgeist Expressions FAQ - counseling, employee assistance,...
Overtime and/or compensatory time are usually not a requirement of our contract positions. However, overtime or compensatory time may be required to accomplish the mission. When that occurs, approval must be granted by your supervisor, in writing, before working overtime. Some of our contracts do have provisions for over-time pay (contract specific).
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Can compensatory time be substituted for cash due to overtime?

Overtime – Answers to Frequently Asked Questions (FAQ&...
Compensatory time (“comp time”) is applicable to government employees and cannot be substituted for overtime pay. The FLSA generally does not permit “comp time” to be substituted for cash in overtime cases. See Comp Time, Bonus and Shift Pay, Incorrect Rate of Pay.
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When does an employee receive overtime/compensatory time for temporary duty?

HR Side Nav 1
Overtime or compensatory time are methods of compensation for hours of officially ordered or approved work that exceeds 8 hours in a day or 40 hours in a week. Employees on compressed work schedules are entitled to overtime compensation for officially ordered or approved work that exceeds their basic work requirement for the day the overtime was worked, provided the non-overtime work for that day was at least 8 hours in duration.
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Are salaried employees exempt from overtime pay?

Overtime – Answers to Frequently Asked Questions (FAQ&...
Generally, salaried employees are due overtime pay. There are several exceptions to this rule, including commissioned sales employees, computer programmers, executive, administrative, professional or outside sales employees, physicians, truck drivers and union employees (with certain restrictions), all of whom are generally exempt from overtime pay. See OvertimeScams.us for a more detailed review by job description, title, and industry.
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How is overtime and compensatory time approved/authorized?

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Overtime or compensatory time must be approved in writing on a Form 3-136, Overtime/Holiday Pay Authorization, by the supervisor prior to the performance of the overtime. In unusual or emergent circumstances, the employee may get a verbal approval to be followed by a written authorization as soon as possible.
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If a non-exempt staff member makes up time, does he/she receive overtime pay?

Duke HR - Severe Weather
It depends. If a non-exempt staff member "makes up time" and the recording of that time creates an overtime situation, then yes. A department may avoid an overtime situation by scheduling the staff member to "make up the time" during a week or pay period when he/she does not work a full 40 hours/week or 80 hours/pay period. See example below.
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What is your policy on Waiting Time and overtime?

FAQ - 5-Stars Oakland, San Francisco, San Jose Limousine and...
Waiting Time or Overtime charge starts after 15 min of scheduled Pickup time or drop-off time, and it billed at 30min increment. Overtime rate varies depending on the Vehicle Type.
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How does Who's Where handle exempt, seasonal and part-time employees?

Frequently Asked Questions
For Who's Where to work properly, hours worked must be included in the monthly payroll report file. Your payroll service should allow for assignment of standard hours. For information used to enroll seasonal employees, call the Fund's Participant Services Department at 1-800-738-9622.
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When is it mandatory to give overtime pay versus compensatory time earned?

HR Side Nav 1
When overtime is scheduled in advance (prior to the beginning of an administrative workweek), employees on compressed work schedules must be paid overtime. Compensatory time may not be substituted. Employees on flexible work schedules may be granted compensatory time for prescheduled overtime or mandated to substitute compensatory for overtime if there rate of pay is that of a GS-10 step 10 or above.
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Can I give my employees time off instead of paying them overtime?

Wage and Hour Laws FAQ - Yahoo! Small Business
It depends on how much time off you give them, and when. Private employers are not allowed to give compensatory or "comp" time -- one hour off for every hour worked -- because this type of arrangement cheats employees out of their higher overtime pay. However, there are a couple of ways to rearrange an employee's work schedule during a pay period to avoid paying out overtime.
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What is Compensatory (Comp) Time?

Compensation Faqs - Human Resources Management
Federal Compensatory time is in lieu of overtime for hours worked over forty (40). You may be eligible for State Compensatory time if you are non exempt and work no more than 40 hours in a workweek but your work time and paid leave or holidays total more than 40 hours. You will receive state comp time for hours that exceed 40 in the workweek at the rate of one hour of state comp time for each one hour of paid time in excess of 40 in that workweek.
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Many of my employees work overtime. How does TCS handle overtime calculations?

Timeclock Solutions - The Ultimate Small Business Time Manag...
TCS 1.2 includes the option of setting your own overtime thresholds. If your employees work four 10 hour days with overtime paid on a weekly basis, TCS can handle it. If your employees work a 9-5 schedule with standard 30 minute lunches and 15 minute breaks, TCS can handle it. And with TCS' revised TimeCard report, it's easier than ever to track exactly what hours your employees have worked.
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What will happen if an exempt position is determined to be nonexempt (eligible for overtime)?

FAQ
Positions that no longer met the criteria for exemption, based on either the new minimum salary or the duties tests, were changed to nonexempt. Employees in nonexempt positions must record hours worked for each week (typically recorded on the Texas A&M biweekly timesheet or acceptable electronic timekeeping system), be paid for the number of hours worked, and earn time and one-half of the regular hourly rate or compensatory time at 1 ? rate for hours worked over forty (40) in a work week.
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Can an employee take leave and earn overtime/compensatory time/credit hours on the same day?

HR Side Nav 1
Technically, yes, FPPS will accept it. However, supervisors should be cautious in this area. For example; they need to consider whether allowing an employee to take non-emergent leave for part of the day and then work overtime/compensatory time later in the day to complete a work assignment is prudent use of government funds. Why approve an employee to take a few hours of leave during the day and then pay them overtime to complete an essential project.
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WHAT IS YOUR OVERTIME POLICY?

DJ Greyhound DJ Services disc jockey service - weddings
All packages have a 4 hour base with additional performance time occuring in one hour increments. Clients who wish to extend the contracted length of their event must notify Vern before the overtime period begins. Payment for overtime is due prior to the start of the overtime period and is charged on an hourly basis.
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What are the requirements to classify a job as exempt from overtime?

Employers Group: HR FAQ
Exempt classification entails two tests: the salary test ($540.00 weekly in California) and the duties test. The duties tests are complex but briefly they are: Executive exemption: more than half the time the incumbent supervises/ manages the equivalent of 2 or more people in the same department. Administrative exemption: more than half the time the incumbent is exercising independent judgment and discretion in matters of significance to the business or the client’s business.
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Can we still use Compensatory Time?

Questions about HU LEADS Training - Howard University
Yes. You must notify the Payroll Office of those individuals who should be able to receive and use comp time.
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IF MY EMPLOYER DOES NOT HAVE A TDI POLICY FOR THE EMPLOYEES, WHAT RECOURSE DO I HAVE?

Department of Labor and Industrial Relation
You may contact the Investigation Section in Honolulu or on the neighbor-island, the Department of Labor and Industrial Relations District Office nearest you for assistance.
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Does an employee receive compensatory time when working on a holiday?

HR Side Nav 1
Employees may not receive overtime/compensatory time for work on a holiday that is completed during hours that comprise their normal tour of duty hours. Work performed during those hours must be coded to 051 - Holiday worked. Hours worked outside their normal work hours may be compensated with overtime or compensatory time. Reference questions B-17 and 18 for additional information.
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Question: Are inside sales employees entitled to overtime?

DOL WHD: FairPay — Frequently Asked Questions
The final rules strengthen overtime rights for inside sales employees. First, in the final rule’s preamble, the Department expressly states that it “does not have statutory authority to exempt inside sales employees from the FLSA minimum wage and overtime requirements under the outside sales exemption.” 69 Fed. Reg. at 22162.
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Question: Will computer employees maintain their overtime pay?

DOL WHD: FairPay — Frequently Asked Questions
The final rules make no change to statutory law regarding computer employees’ overtime status. In fact, the rules adopt provisions on computer employees as passed most recently by Congress in 1996 under § 13(a)(17) of the Fair Labor Standards Act. The Department specifically rejected, 69 Fed. Reg. at 22159, suggestions to list additional computer job titles or duties as exempt beyond those cited in the primary duties test of the statute itself. The final rule at § 541.
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Can student employees earn overtime pay?

FAQ's for Payroll, Payroll Policy & Procedures Manual, O...
It is possible for some students to earn overtime. Overtime is computed on hours worked over 40 per week. Non- international students, who are not on Work Study programs or graduate appointments, are eligible to work overtime between terms. Return
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