The Fair Labor Standards Act of 1938 (or “FLSA”) is a federal law which requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay, or provided compensatory time-off in the case of government employees, for all hours worked over 40 hours in a workweek. All University System of Georgia Institutions shall establish a standard forty (40) hour workweek and abide by the Fair Labor Standards Act provisions.
Employees eligible for overtime pay must maintain a record of the total hours they work each day. Reported time must accurately reflect all regular and overtime hours worked, any absences, early or late arrivals, early or late departures and meal breaks, and should regularly be submitted for verification and approval. Employees are prohibited from performing any “off-the-clock” work, which means work performed, but unreported, in time management. Employees must be compensated for all hours worked for the employer (DOL Hours Worked Fact Sheet link). Employees should review their pay check and verify correct pay for all regular and overtime hours worked each workweek. It is a violation of policy to falsify time records, or for any employee or manager to instruct another employee to incorrectly or falsely report hours worked or alter another employee’s time card to under- or over-report hours worked. Any violations of this policy should be reported immediately to the USG Human Resources Department. Employees are prohibited from working overtime or working any hours outside of the scheduled work day unless a supervisor has authorized the unscheduled work in advance. Any employee who fails to report or inaccurately reports any hours worked will be subject to disciplinary action, up to and including discharge.
The federal Fair Labor Standards Act, as amended, establishes minimum wage rates, maximum work hours, overtime pay requirements, equal pay standards and child labor restrictions for employees subject to its provisions. This document establishes USG policy in areas not covered by the FLSA or in which the FLSA allows for alternative methods of compliance. The policy is not intended to conflict with or supersede any part of the FLSA. Since the FLSA takes precedence over this policy, any conflicts between the two will be resolved by complying with the federal requirements. This policy ensures consistency among University System institutions, ensures compliance with the Fair Labor Standards Act, and affords appropriate flexibility as needed at the institutional level.
Each Institution in the University System of Georgia has responsibility to minimize overtime work to the extent possible. Overtime work shall be authorized for non-exempt employees only when the work is deemed necessary and is approved by the institutional assigned individuals authorized to make such decisions. Approved compensatory time is subject to a 240-hour maximum accumulation. Employees who have reached the compensatory time maximum must receive a cash payment for any additional overtime. Additionally, all compensatory time balances on record as of May 31 must be paid out no later than the final bi-weekly pay period in June each fiscal year. Such payment shall be at the employee’s regular earnings rate at the time the payment is made. Compensatory time earned in June will carry forward into the upcoming fiscal year.
Generally, the FLSA overtime provisions for governmental employees and this Policy maintain that:
Supervisors are responsible for assigning, monitoring, and ensuring the reporting accuracy of both regular, overtime, and compensatory hours worked, and are also responsible for assessing the budgetary impact of paid overtime. The University is not obligated by law to provide compensatory time to exempt employees.
Overtime: Time worked by a non-exempt employee above the normal forty (40) hour work week.
Workweek: A seven (7) day period in which the required working hours for full-time employees equal forty (40) hours, with distribution of such hours during the workweek a matter of scheduling left to the individual institutions.
Non-exempt employees - Employees who are covered by or subject to the minimum wage, overtime and recordkeeping provision of the federal Fair Labor Standards Act (FLSA).
Exempt employees – Employees who, are not subject to the FLSA minimum wage, overtime requirements of the law. Exemptions from the law are narrowly defined and the employer must prove that the exemption rules apply. Reference DOL Fact Sheet 17. https://www.dol.gov/whd/overtime/fs17a_overview.htm
All non-exempt USG employees are covered by the Act. Additionally, exempt employees are subject to the record-keeping and equal pay requirements of the Act.
Responsible University Administrator: Associate Vice President for Human Resources
Policy Owner: email@example.com
Policy Contact: Sige Burden
Phone Number: 706-542-9756