All employees of the university who are considered to be full-time shall work a minimum of 37.5 hours per week throughout the year; the official workday is 7.5 hours; the normal fiscal work year is 1,950 hours. This work schedule includes a one hour lunch/meal break and, as work flow permits, up to two 15 minute miscellaneous breaks. If schedules will allow, employees are permitted up to 15 minutes for a work-break period during the first half of his/her work shift and again during the second half of his/her work shift. Work breaks and/or lunch breaks cannot be accumulated or used to compensate for early departure from duty. For purposes of calculating the hours worked each week, lunch/meal breaks shall not be counted as "time worked" but miscellaneous breaks shall be counted. Some departments require irregular schedules or work hours to effectively perform required responsibilities.
The official work day will be 7.5 hours; and therefore, all attendance records, time sheets, leave records, payroll documents and other recordkeeping instruments shall be kept only in hours and tenths of hours reflecting the actual hours worked each day and week. In most cases, these should indicate 7.5 hours per day and 37.5 hours per week. Other documents, such as employee recruiting materials, orientation sessions, and comparative salary studies, should reflect this work week. The following schedule of tenths of hours shall be followed in the documenting of time worked per day.
0.1 hour = 1- 6 minutes
0.2 hours = 7 - 12 minutes
0.3 hours = 13 - 18 minutes
0.4 hours = 19 - 24 minutes
0.5 hours = 25 - 30 minutes
0.6 hours = 31 - 36 minutes
0.7 hours = 37 - 42 minutes
0.8 hours = 43 - 48 minutes
0.9 hours = 49 - 54 minutes
1.0 hours = 55 - 60 minutes
Compensatory time and overtime payments are available to clerical and support (non-exempt) employees only. No employee should work overtime without prior supervisory approval. The Fair Labor Standards Act requires employees to be compensated at a rate not less than 1.5 times their regular rate of pay for all hours worked in excess of 40 hours per week. The university is on a 37.5 hour workweek which begins at 12:01 a.m. on Sunday and ends at midnight on Saturday.
In lieu of monetary compensation and with employee/supervisor agreement before hand, compensatory time may be awarded for overtime (rate of 1.5 hours in excess of 40 hours worked per week). Accrual of 240 hours of compensatory time is allowed. Compensatory time earned during the year will be paid at the employee’s current rate of pay the last payroll of May if not otherwise used during the year in accordance with provisions of this policy.
If an employee is required to work on an official holiday, one hour off is given for each hour of "holiday" time worked and no overtime (1.5 times regular rate) would be involved (unless the workweek hours exceeded 40 hours). For non-exempt employees, holiday time worked is added to the employee’s compensatory time. Any available hours will be paid each May at the employee’s current rate of pay as stated above for compensatory time. Holiday time earned during the year will be paid the last payroll of May if not otherwise used during the year in accordance with provisions of this policy. Accumulated worked holiday hours for exempt employees will be paid at the employee’s current rate of pay in May each year if not otherwise used during the year in accordance with the provisions of this policy.
Accrued time worked shall include hours actually worked and holiday hours for the purposes of overtime calculation. Any hours other than the holiday hours and hours worked are excluded from overtime compensation.
Neither compensatory time nor overtime pay is authorized for attending meetings such as Staff Senate or physical plant advisory committee meetings. A condition of election to these bodies is that an employee's service is volunteered with no expected added compensation. As a general rule, commuting time to one's normally assigned place of work is not compensable, while travel time ordinarily is compensable through overtime payments or compensatory time.
If holiday time is available, it shall be used prior to compensatory time. In accordance with TCA § 8-50-801, when an employee requests annual leave and compensatory time is available, the compensatory time shall be used first, unless the accumulated annual leave balance at the beginning of the pay period is within two (2) days of the maximum accrual rate for the employee. If worked holiday time is available for exempt employees, it shall be used prior to annual leave. When an employee is within two (2) days of the maximum, annual leave may be used throughout the pay period. Any employee whose annual leave balance is not within the two (2) day maximum at the beginning of the pay period must use compensatory time during the entire pay period. Otherwise, the university will honor an employee's request for compensatory time off unless it would be unduly disruptive to the university's operations.
When cash payment is made for overtime, it shall be calculated at the rate earned by the employee at the time of the payment. When meals and/or lodging are provided as part of the base pay, then the value of such must be included in determining the hourly overtime rate. However, where cash payment is made upon termination, the employee shall be paid for accrued compensatory time at the higher of the following:
Information is provided to every non-exempt employee explaining the overtime provisions of the Fair Labor Standards Act (FLSA), and his/her rights and obligations under those provisions. See Attachment A.
Exempt employees will be paid on a salary basis. Exempt employees must be paid a set amount of money that does not change each week regardless of the quantity or quality of work performed. Intermittent leave under the Family Medical Leave Act does not defeat the salary basis of an exempt employee pursuant to 29 C.F.R. Sec. 541.602 (b) (7).
Physical Plant and Department of Public Safety employees are paid on both the 15th and the last working day of each calendar month. Academic year (9-month) faculty are paid on the last working day of each month. Summer session instructors will be paid the last working day in June, July and/or August depending on session(s) taught. Temporary employees are held two weeks in arrears and are paid on the 15th and the last working day of each calendar month. Exempt graduate assistants are paid on the last working day of each month (see table below for schedule). Non-exempt graduate assistants are paid on both the 15th and the last working day of each calendar month (see table below for schedule). All other full-time employees, including 12-month, fiscal year faculty, are paid on the last working day of each month.
Source: Tennessee Board of Regents Personnel Guideline No. P-020.
Revised by President’s Council, March 16, 2011
Rights and Responsibilities of Employees Under the Overtime Provisions of the Fair Labor Standards Act (FLSA)
In this case, an employee actually worked 32.5 hours by the end of the day Friday as 5.0 hours of sick leave was used. The employee worked 7.5 hours extra on Saturday. The total hours to be paid equal 45. Only 40 hours were actually worked. This means that the 7.5 extra hours would all be paid at straight time.
In this case, an employee actually worked 32.5 hours by the end of the day Friday. The employee worked 2.5 hours on Saturday. Total hours actually worked equal 35.0. However, since holiday hours count as hours worked, extra pay would be based on 42.5 hours worked. This means that 2.5 hours would be paid at straight time and 2.5 hours at overtime.
Non-exempt employees have an obligation to immediately notify the Office of Human Resources if they feel these guidelines are not being followed. The employee should call the Office of Human Resources at 423-439-4457 or go to Burgin Dossett Hall, Room 307.
Source: TENNESSEE BOARD OF REGENTS, Guideline P-020, Procedures for Implementation of the 37.5 hour Work Week and Compliance with the Fair Labor Standards Act (FLSA) Overtime Pay Provisions; Revised by President’s Council, March 16, 2011