The rules around overtime and comptime can be confusing. To boil it down, we have compiled the rules below. The most important thing to know is whether your title is covered (C) by the Fair Labor Standards Act, or if it is exempt (E). You can find this information in CityTime, or here (if you are on the dep network).
The next most important thing that determines overtime compensation is whether the work is voluntary or involuntary.
- Voluntary overtime is overtime that is not ordered but rather is worked on a voluntary basis, such as when an employee volunteers to stay late to assist on a project. Voluntary overtime must be approved in advance by an employee’s supervisor. Employees are not authorized to work voluntary overtime that has not been pre-approved and will be subject to discipline.
- For employees covered by the Fair Labor Standards Act (FLSA), voluntary overtime that results in an employee working more than 40 hours in a week will be compensated in comp time at the rate of time-and-a-half for those hours actually worked beyond 40 hours. FLSA covered employees may not have a comp time balance greater than 240 hours at any given time. Once a FLSA covered employee has accumulated 240 hours of comp time, any further voluntary overtime that results in that employee working more than 40 hours in a week will be compensated in cash at the rate of time-and-a-half.
- For employees who are exempt from coverage of the FLSA, all voluntary overtime is compensated in comp time at the rate of straight time.
- Involuntary overtime is overtime that an employee is ordered in writing to work by their supervisor. Employees who are ordered to work overtime must obey the order.
- An employee may request to be compensated in cash or comp time for ordered overtime. All involuntary overtime worked that exceeds 40 hours of work in a week will be compensated at a rate of time-and-a-half.
- For employees (including those employees who work a compressed schedule) whose workweek is less than 40 hours, involuntary overtime that results in the employee working between the maximum number of required hours of that workweek and 40 hours will be compensated at the rate of straight time.
- For example, an employee who has a 35-hour workweek and works two hours of involuntary overtime in a given week will be compensated for that overtime at straight time.
- If the employee works six hours of involuntary overtime that week, the first five hours of overtime will be compensated at the straight-time rate and the sixth hour will be compensated at time-and-a-half.
- Employees whose total salaries are above the overtime cap, which is $87,860 (effective October 26, 2019), are ineligible to receive cash overtime unless mandated by the FLSA, or unless the employee has received an overtime cap waiver.
- Employees may contact their bureau administrator for more information on overtime cap waivers.
- Employees who are ineligible to be compensated in cash will be compensated in compensatory time. Note that for the purposes of the overtime cap, total salary includes base pay, any contractual add-ons such as longevity payments, and previously earned overtime.
- The following examples illustrate this rule:
- An employee whose base salary is $87,860 is not eligible to earn cash overtime without a waiver.
- An employee whose base salary is $83,860 and receives a longevity payment of $4,000 is not eligible to earn cash overtime without a waiver.
- An employee who earns a base salary of $60,000 and receives a longevity payment of $2,000 may earn up to $25,860 per year in cash overtime. Once the employee has earned $25,860 in cash overtime, their total salary for the year will be $87,860 and the employee will need a waiver to earn any further cash overtime that year.
- An employee who is covered by the FLSA, regardless of their total salary, will earn cash overtime once they have accumulated a comp time balance of 240 hours.
