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FLSA and Overtime

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  1. POLICY

    Salt Lake Community College (SLCC) complies with the Fair Labor Standards Act (FLSA) requirements. The FLSA establishes minimum wage, overtime pay, record keeping, and employment of minors standards that affect SLCC employees.

  2. REFERENCES
    1. Fair Labor Standards Act, 29 U.S.C. §§ 203-213.
    2. Employment of Minors, Utah Code Ann. § 34-23-201-204.
  3. DEFINITIONS
    1. Compensatory Leave Time: time provided to full-time non-exempt employees who have worked in excess of 40 hours during a work week. The rate for compensatory time is one and one-half times the excess hours worked.
    2. Exempt Employee: a worker not covered by the overtime provisions of the Fair Labor Standards Act (FLSA), meaning they are not eligible for overtime pay. To qualify as exempt, an employee typically must receive a minimum predetermined salary and primarily perform duties classified as executive, administrative, or professional.
    3. Non-Exempt Employee: employees who are entitled to minimum wage and overtime pay when they work more than 40 hours per work week.

    See Personnel Definitions.

  4. PROCEDURE
    1. Non-Exempt Determination
      The college pays time-and-one-half overtime pay to non-exempt employees only. In compliance with federal and state law, People and Workplace Culture is responsible for determining all positions' exempt or non-exempt status and advising the supervisors as necessary.
    2. Overtime Work
      1. Before a non-exempt employee works overtime, the appropriate supervisor responsible for the department budget must approve it beforehand.
      2. Employees who do not obtain approval before working overtime hours may be subject to corrective action.
      3. A department may require non-exempt employees to work overtime. Supervisors are encouraged to keep these overtime hours to a minimum.
    3. Standard Work Week
      1. Overtime is computed based on a standard work week. Non-exempt employees work a standard work week of 40 hours.
      2. The number of hours worked over two or more weeks cannot be averaged.
      3. For computing overtime, the work week begins at midnight on Saturday and ends at 11:59 p.m. the following Friday.
      4. If employees work additional hours on one or more days of a standard work week, supervisors should work with the employee to reduce the hours of work within the same work week to stay within the standard 40-hour workweek requirement.
    4. Compensatory Leave Time and Overtime Pay
      1. The college compensates non-exempt employees for overtime work regardless of supervisor approval.
      2. When non-exempt employees work more than the standard work week, the college prefers to give compensatory leave time following these guidelines:
        1. Employees should take compensatory leave time before termination. At termination, the employee’s last paycheck will include unused compensatory leave time.
        2. An employee's compensatory leave time cannot exceed 60 hours (40 hours of overtime work multiplied by 1.5). Overtime work above 60 hours will require payment at the time-and-one-half rate.
        3. Employees earn compensatory leave time at the time-and-one-half rate of overtime worked.
        4. As an employee earns compensatory leave time, the employee reports the time in the timesheet under the compensatory leave time earned code. The supervisor then approves this compensatory leave time and is responsible for budget and timesheet oversight.
      3. If the employee cannot or elects not to take compensatory leave time, the college will reimburse the employee at the rate of time-and-one-half of the employee's regular pay rate.
    5. Vacation, Sick, and Community Engagement Leave
      Time absent from the job for vacation, sick, and community engagement leave is not to be counted as time worked for computing overtime pay.
    6. Holidays
      1. Days absent for paid holidays are counted as time worked in computing overtime pay. If the college requires a non-exempt employee to work on a recognized holiday, the supervisor may schedule another day off during the week in which the holiday occurs.
      2. If such an adjustment is not possible, the employee is entitled to receive regular compensation and additional holiday pay at time-and-one-half pay.
    7. Multiple Positions
      The Staff Additional Assignment Policy outlines employee eligibility and compensation for simultaneously holding multiple positions at the college.
    8. Volunteer Work
      1. The college will not ask non-exempt employees to volunteer their time instead of paying overtime.
      2. If non-exempt employees perform volunteer work similar to their regular job duties and the volunteer hours exceed the standard work week (regardless of the employing department), employees must be given compensatory leave time or be paid at the time-and-one-half rate.
      3. If the work is not similar and is not required by the supervisor, it may be deemed volunteer work without pay if the employee performs the work at the employee's free will.
    9. Recordkeeping
      All departmental and college pay records must be accurate, complete, and retained following the applicable records retention schedule.

Date of last cabinet review: July 8, 2025

The originator of this policy & procedure is the People Workplace and Culture. Questions regarding this policy may be directed to the originator by calling 801-957-4210.