Miami staff inspect the progress of the Sheidler Hall auditorium rennovation

Frequently Asked Questions

**SUSPENDED**

Eligible Unclassified Staff

Which unclassified staff will be eligible for overtime or compensatory (comp) time?

Unclassified staff who are eligible for overtime or compensatory time are referred to as “non-exempt” or "overtime-eligible" because they are not exempt from the overtime rules of the Fair Labor Standards Act (FLSA). This includes unclassified staff who are paid a salary of less than $913/week ($47,476 per year).

Which unclassified staff are not eligible for overtime or compensatory (comp) time?

Unclassified staff who are not eligible for overtime or compensatory time are referred to as exempt unclassified staff because they are exempt from the overtime rules of the Fair Labor Standards Act. This include:

  • Faculty, tutors, laboratory and clinical instructors regardless of salary level
  • Graduate teaching and graduate research assistants regardless of salary level
  • Athletic coaches regardless of salary level whose primary duties include instructing student-athletes in how to perform their sport
  • Physicians and lawyers regardless of salary level
  • Unclassified staff who are paid a salary of $913/week or more ($47,476 per year)

Overtime

How is overtime calculated?

Unclassified staff who work more than 40 hours in the standard 7-day workweek will earn overtime at the rate of 1.5 times their regular rate of pay for each hour in excess of 40. The standard workweek begins on Saturday morning at 12:00.01 a.m.  and ends on Friday night at 12:00 p.m. midnight.

What counts as work time for overtime-eligible non-exempt unclassified staff?

Work time includes all the time an unclassified staff member is required to be on duty, on the University’s premises or at another designated workplace. Work is defined as all efforts that are “suffered (i.e., endured), permitted, or required” by the employer. That includes all time spent in physical or mental exertion that is controlled or required and pursued necessarily and primarily for the benefit of the University. Work that is not requested but suffered or permitted (allowed) is still considered work time. This rule is applicable to work performed at the University, away from the University, or at home.

De Minimis Rule- Insubstantial or insignificant periods of time outside scheduled working hours may be disregarded in recording time. This rule applies to only those times where the work involved is limited to a few seconds or minutes that cannot, as a practical administrative matter, be precisely recorded for payroll purposes. Such time is considered "de minimis," i.e., minor or trivial. If an unclassified staff member works greater than 7 minutes, it must be reported as time worked.

What does not count as work time for overtime-eligible non-exempt unclassified staff?

The following time is not included in work time:

  • Lunch periods
  • Sick leave
  • FMLA leave
  • Vacation
  • Leave of absence
  • Compensatory time off
  • Holidays

Do breaks and lunch periods count as hours worked?

Although breaks are not required by the FLSA, unclassified employees may take short breaks and are provided a one (1) hour lunch break.  When unclassified overtime eligible employees do take short “coffee or rest” breaks (5- 15 minutes) it is included in paid work time. Work breaks longer than 20 minutes do not count as work time and must be made up during the workday/ workweek.  Supervisors are responsible for ensuring that unclassified overtime eligible employees use reasonable discretion in both the number and duration of breaks taken.

Lunch breaks for unclassified staff are  one (1) hour and are intended to serve a different purpose than short breaks during the day. This time is not paid time and employees should not perform any work during their lunch break.

What is the standard workweek?

The standard workweek begins on Saturday morning at 12:00.01 a.m. and ends on Friday night at 12:00 p.m. midnight.

Is permission required before working overtime?

Yes, an unclassified staff member is required to first obtain permission from his or her supervisor before working overtime. Failure to obtain permission before working overtime may lead to disciplinary action up to and including termination from employment.

Will an unclassified staff member be paid for overtime work if the supervisor did not approve it?

Yes. If non-exempt unclassified staff perform work, they must be paid for it. Any unclassified staff member who works overtime without approval is subject to disciplinary action up to and including termination of employment.

Can a supervisor require overtime work?

Yes, overtime work can be required. Supervisors are encouraged to give unclassified staff as much notice as possible.

Can a supervisor request or require that a non-exempt unclassified staff member work more than 8 hours in a day or 40 hours in a week?

Yes. Extra hours worked in a single day by a non-exempt unclassified staff member is included in the regular salary (e.g., more than 8 hours in a day). Overtime pay or compensatory time is earned when the unclassified staff member works more 40 hours in the standard workweek.

Is overtime pay required by law or our policy?

Overtime pay or compensatory time for non-exempt unclassified staff is required by both law and University policy when the unclassified staff member works more than 40 hours in a single workweek.

Can non-exempt unclassified staff waive overtime or volunteer?

No. Non-exempt unclassified staff do not have the option of working overtime without pay or compensatory time. A non-exempt unclassified staff member cannot "volunteer" to do extra work in the department in order to get the work accomplished.

Can overtime eligible unclassified staff be paid for overtime but remain on a monthly pay schedule?

No. The University will pay all non-exempt unclassified staff on a biweekly cycle.

Alternative Work Schedules

Can non-exempt unclassified staff have flexibility in their work hours?

Yes. Alternative scheduling is allowed within the same workweek. For example, if the typical schedule is 8 hours a day during the day and the department needs the unclassified staff member to work a special event for 4 hours during the evening, the schedule may be changed to give the unclassified staff member 4 hours of time off at another time during the same workweek. Note: Alternative schedules must occur within the same workweek.

If evening or weekend work is required, can a non-exempt unclassified staff member's daytime hours be reduced and replaced with evening hours?

Yes, the schedule of an unclassified staff member can be changed to meet the needs of the division. This is called an alternative work schedule. Supervisors are encouraged to give unclassified staff as much advance notice as possible. If an unclassified staff member works an alternative work schedule and the total hours worked do not exceed 40 in the workweek, no overtime will be earned.

Can work schedules be changed by the supervisor?

Yes. Work schedules can be changed to accommodate the needs of the division and to avoid a special need for additional work hours and overtime compensation. Regularly recurring consecutive hours of work should be provided whenever practical.

What if an unclassified staff member must work at an event outside of regular working hours (i.e., on weekends or nights)?

An unclassified staff member working outside of regular working hours is still working. The time is considered time worked.

Travel and Training

Must overtime be paid if a non-exempt unclassified staff member travels overnight on business?

  • Yes, if the unclassified staff member travels during regular working hours. In other words, the unclassified staff member should not suffer a loss of pay.
  • If the traveling occurs outside of normal working hours, there is no additional compensation unless there was work performed at the same time (i.e., working on a plane or train).
  • If work (or training) on the trip is over 40 hours during the standard workweek, then all of the time over 40 hours is overtime.
  • If travel is required on the weekend that is within normal daily work hours (typically 8 to 5 for most), it must be paid.

Note: The rules governing compensation while on overnight business travel for non-exempt unclassified staff are complex. Please speak with Human Resources or Academic Personnel for guidance based on specific circumstances.

Conferences, Training Programs, Lectures and Meetings

Time spent in conferences, training programs, lectures, and meetings is generally considered work time unless all four of the following are true:

  • Attendance is outside of the unclassified staff member’s regular working hours;
  • Attendance is voluntary;
  • The conference, course, lecture, or meeting is not directly related to the unclassified staff member's job; and
  • The unclassified staff member does not perform any productive work during such attendance.

Unless all four conditions are met, the hours are paid work time. Time not spent in required conference meetings is not paid work time.

Time Keeping

Kronos Timekeeping

All overtime-eligible non-exempt unclassified staff are required to maintain accurate records of time worked. Such records must document hours actually worked, rather than hours scheduled to work. The University uses an electronic time-reporting system, and unclassified staff are required to use the University’s electronic time-reporting system unless a different method is approved, in writing, by the appropriate personnel office. All overtime-eligible unclassified staff will be paid on the University’s biweekly payroll.

Any unclassified staff member who falsifies a time record is subject to disciplinary action, up to and including termination of employment. Supervisors are responsible for reviewing, approving, and correcting reported time and for ensuring that all records are current and accurate. Supervisors must communicate any changes to the unclassified staff member, in writing, or have a written request from the unclassified staff member to change the time record.

On-Call and Sleep Time

On Call for non-exempt unclassified staff

On Call
  • An unclassified staff member who is required to remain on call on University premises, or so close  that the unclassified staff member cannot use the time effectively for personal pursuits, is considered to be working while on call. This is paid work time.
  • An unclassified staff member who is required to remain on call at home, or who is allowed to leave a message of where the unclassified staff member can be reached, is in most cases not working while on call. This time is unpaid.
  • An unclassified staff member who is not required to remain on the employer's premises but is merely required to leave contact information where he can be reached is not working while on call. This time is unpaid.

Sleeping Time

An unclassified staff member who is required to be on duty for less than 24 hours is considered to be working even though he/she is permitted to sleep or engage in other personal activities when not busy. An unclassified staff member required to be on duty for 24 hours or more agrees to exclude from hours worked bona fide regularly scheduled sleeping periods of not more than 8 hours, provided adequate sleeping facilities are furnished by the University and the unclassified staff member can usually enjoy an uninterrupted night's sleep.

Compensatory Time

Compensatory Time

In most cases, an unclassified staff member may elect to receive compensatory time off instead of overtime pay. Some departments have adopted mandatory compensatory time programs including Intercollegiate Athletics, Recreational Sports Center, and Goggin Ice Center. Compensatory time is accumulated at the rate of one and one-half (1.5) hours of compensatory time for each overtime hour worked. Compensatory time is tracked in the University’s time-reporting system. Compensatory time may only be used with the approval of the unclassified staff member’s supervisor.

Unclassified staff may accumulate up to 240 hours of compensatory time. Since compensatory time is accrued at the rate of one and one-half (1.5) hours for each overtime hour worked, the 240-hour limit represents 160 hours of actual overtime worked. If an unclassified staff member has an accrued balance of 240 hours of compensatory time, the unclassified staff member cannot earn more compensatory time, and the University will pay overtime for additional overtime hours worked.

Using Compensatory Time

Compensatory time must be earned before it can be taken, and it may be used at the discretion of the unclassified staff member, subject to supervisor’s approval. The supervisor may not deny the request to use compensatory time unless it would unduly disrupt University operations. Supervisors may require that an unclassified staff member use accrued compensatory time to cover absences instead of utilizing vacation days unless doing so would cause the unclassified staff member to forfeit vacation accrual.

In addition, a supervisor may require unclassified staff to take compensatory time off to reduce compensatory time balances. Supervisors should give as much advance notice as possible to unclassified staff when requiring the use of compensatory time.

Contingent Compensatory Time Work

Some departments are not funded to or do not have sufficient funds to pay overtime. Overtime work that is needed but not funded may be offered to, but not required of, an unclassified staff member contingent on the unclassified staff member's willingness to accept compensatory time instead of overtime payment. Overtime accepted on this basis must be documented in writing using the Contingent Overtime Agreement form. 

Cashing Out Unused Compensatory Time

On Transfer To Exempt Position

Because exempt unclassified staff cannot earn compensatory time, unused compensatory time will be paid to the unclassified staff member before the unclassified staff member transfers into an exempt position.

Resignation/Termination of Employment

Upon retirement, resignation, or termination, payment for all accumulated but unused compensatory time will be made in a lump-sum payment. Unused compensatory time shall be paid at the unclassified staff member’s regular rate at the time of payment.

Part-time Unclassified Staff

When do part-time unclassified staff receive overtime pay?

Unclassified staff with a part-time appointment (fractional appointment) are paid at their regular hourly rate for each hour above their weekly appointed hours until they reach a total of 40 hours for the week. Hours beyond 40 per week are eligible for pay at time-and-one-half (1.5) the regular rate. The unclassified staff member is required to obtain permission from his or her supervisor before working any additional hours.