It is our experience that education employees often work extra hours without being properly compensated. The fact is that many employees and their supervisors are not familiar with federal and state laws governing overtime.
Here is a brief summary of overtime rights as mandated by the Department of Labor. http://www.dol.gov/whd/regs/compliance/whdfs23.pdf
- An employer can require you to work overtime.
- All overtime work must be compensated.
- After 40 hours in a given workweek, you must receive 1.5 times the regular rate of compensation for each additional hour.
- Paid lunches may count towards calculating a 40-hour week.
- Compensatory time is provided at 1.5 times the hours worked after 40 hours.
- Upon severance, you must be paid for all unused compensatory time.
Here are a few examples of situations that constitute approved overtime.
- Your supervisor gives you formal approval to work overtime.
- Your supervisor asks you to continue working after hours as a favor but says he/she does not have the authority to approve overtime.
- Your supervisor knows that you are working and does not stop you.
- Your supervisor is not available but you work extra hours due to a work-related situation that you are expected to handle.
When is extra work not compensated?
- You are reprimanded, suspended or fired for insubordination because you refused to obey a direct order by your supervisor to stop working
- You are an exempt employee not covered by overtime. Examples are
teachers, doctors, actors, entertainers, lawyers, independent contractors and certain professionals.
At Columbia College, virtually all of the staff that USofCC seeks to represent for collective bargaining are covered by these overtime rules and, therefore, should be compensated for all extra work.
Keep an accurate daily record of all hours worked for a month. If you work more than 40 hours in any month without receiving overtime pay please contact us. You may be eligible for reimbursement for lost wages if you have reliable records for overtime worked in the past.
Contact USofCC if you have questions or concerns regarding the overtime policy.