2,235: Classified Overtime Policy
Last Revised: April 2014
The state personnel rules govern the payment of overtime for all classified employees. All overtime work must be authorized in advance, by the supervisor. Only overtime work that relates to a business reason and is required to be completed under a deadline may be approved in advance at the supervisor's discretion. A supervisor may require an employee to work overtime for scheduled or emergency events. NAC 284.242 requires four hours advance notice unless an unpredictable emergency prevents prior communication. In order to comply with provisions of the state personnel rules, the following will be observed:
- The University "workweek" is a calendar week, running from 12:00 a.m. Sunday to 11:59 p.m. Saturday.
- Time and one-half pay or compensatory time must be granted to all employees who work over 40 hours in a workweek or who work over eight hours in a calendar day. For those employees who choose and are approved for a variable workweek, overtime will be considered only after working 40 hours in one week. Variable workweek agreements must be in writing, agreed upon in advance of the work performed, and approved by the appointing authority.
The Fair Labor Standards Act requires that time worked in excess of 40 hours in a week or 8 hours in a working day according to NAC 284.250 shall be paid or granted compensatory time off at the rate of time and one-half of thee employee's normal rate of pay. Compensatory time off may be offered in lieu of paid overtime when it is mutually agreed upon in writing by the employee and the supervisor.
In order to protect employees from excessive work schedules and to limit an employer's cost liabilities, overtime must be kept to a minimum. Paid overtime in excess of 120 hours per calendar year must be reviewed by the appointing authority (typically a dean or equivalent administrator) to determine if there is a workload problem. If the overtime occurs frequently, repetitively, or is the result of an extended increase in workload, prior approval of the respective vice president is required.
Special Rules for Multiple Jobs/Dual Employment:
Classified employees are permitted to work in two positions in one department, or different departments. When multiple job or dual employment situations occur, the immediate supervisor(s) and/or appointing authority(s) must exercise special oversight. Coordination between departments is necessary, to ensure compliance with federal and state law pertaining to overtime payment. An employee who works in multiple jobs or a dual employment situation must inform in writing the supervisors of each job and the BCN Human Resources Office.
Pursuant to NAC 284.248, a classified employee who works in two positions in one department or different departments must work or be in paid status in excess of 8 hours per day or 40 hours per week in combined work time in both positions to receive compensation for overtime. An appointing authority shall consider an employee's employment with another department when considering his agency's liability for compensation for overtime.
An employee who qualifies for overtime compensation pursuant to the previous paragraph must be paid:
- At the highest rate of pay of the two positions, or,
- If the employee and the appointing authority have agreed in writing before the performance of the work requiring overtime at the rate of pay of the position for which the work is performed.
An exception to the requirement for overtime payment under this section exists if:
- the employee engages in the additional work at his/her options*, and;
- the additional work is part-time, and;
- the additional work is performed occasionally or sporadically**, and;
- the additional work is in a capacity different from the employee's regular employment.
* An employee is deemed to be working at his/her "option" when the employee has made the decision freely, without coercion by the employer, either implicitly or explicitly. The employee must be free to refuse to perform the work without fear of sanctions and without being required to explain or justify the decision.
** "Occasional or sporadic" means infrequent, irregular, or occurring in scattered instances.