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Salary Administration & Compensation (Chapter 3)

Overtime Pay (Section 301)

Smith College complies with the terms of the Fair Labor Standards Act (also known as the Federal Wage and Hour Law), including the payment of minimum wages and overtime pay. This law and its regulations establish criteria for determining which positions are non-exempt (i.e., require pay or compensatory time for overtime hours worked) and which positions are exempt (i.e., do not require additional compensation for overtime). The law specifies that neither the employee nor the employer may waive the employee's right to be compensated for overtime if the position is classified as non-exempt.

The Office of Human Resources is responsible for ensuring compliance with these regulations, including the determination of exempt or non-exempt status. Generally, administrative and academic support positions are classified as exempt and administrative support positions are classified as non-exempt.

Non-Exempt/Administrative Support Staff

Overtime pay is based on actual work hours. Vacation, sick leave, bereavement leave, and other excused time do not count as work hours for the purpose of calculating overtime. All work performed for the college, whether in one or more assignments, is included in the calculation of hours worked.

The demands of the academic year or unusually busy times in office workloads will, at times, require overtime work. Employees may be required to work overtime during such periods. Overtime work must have the prior approval of your supervisor and must be recorded accurately. Staff members may not schedule their own overtime.

Overtime/compensatory time: You will be paid for any hours worked in excess of your normal weekly work schedule up to 40 hours at your regular hourly rate. You will be paid at time and one-half your regular hourly rate for hours worked in excess of 40 hours in a week or be given equivalent compensatory time off. Compensatory time off must be taken within the same pay week (Sunday to Saturday); you must have the prior approval of your supervisor to use compensatory time.

Part-time staff: If you work less than 35 hours per week, you will be paid for any hours worked in excess of your normal schedule up to 40 hours per week at your regular hourly rate. If you work beyond 40 hours in a payroll week, you will be paid at time and one-half your regular hourly rate. Part-time staff do not receive compensatory time.

Schedule adjustments: Supervisors may on occasion require that employees change their normal work schedule to accommodate the work load. Supervisors are expected to give reasonable advance notice of such adjustments.

Exempt/Administrative Staff

If you are an exempt employee, occasional service in excess of the regular work week and, in some assignments, regular service on evenings and weekends, may be expected of you to meet the responsibilities of your position. The extra time and effort required normally increases with the level of the position you hold and is reflected in the regular compensation for the position. College policy prohibits any payments to exempt employees above their regular base salary.

Exempt/administrative staff are expected to devote whatever time is necessary beyond their normal work schedule to complete their assigned duties, and are not normally eligible for compensatory time for hours worked in excess of 35 per week. However, in rare instances, department heads may grant reasonable compensatory time off where special service is required on an extended basis to meet special (usually temporary) college needs.

Extra work outside normal position responsibilities: College policy prohibits payments to exempt employees above their regular base salary. However, in rare instances where an administrator performs duties which are clearly outside his or her regular job description and department, and where the other department would have to pay an outside vendor or individual for these services, a small stipend may be paid.

Exempt/administrative staff in grades "H" and above are not eligible for stipends for additional work except under circumstances when the stipend has been approved for teaching-related responsibilities (see Section 304). The Controller and the Office of Human Resources are responsible for interpreting and administering this policy.