Overtime FAQ

Exempt employees are not covered by the FLSA. Among those kinds of positions that are exempt from coverage under the FLSA are executive, administrative, and professional employees. These jobs do not receive overtime pay even though the employees may be working additional hours beyond the organization’s normal workweek.

Overtime is calculated on hours worked per week, not hours worked per day. Overtime is assessed on any hours worked over 37.5 per week for AFSCME or semi-monthly employees and for any hours worked over 40 per week for facilities, security and for some bi-weekly employees. Overtime calculations for the summer are based on the University’s reduced summer work schedule.

All hours paid--including vacation, holidays, emergency closing, jury duty, personal time and sick time--count toward overtime calculations.

Overtime is paid at 1-1/2 times the regular rate of pay. (There are circumstances under which an employee would receive more than 1-1/2 times the regular rate of pay, for example, when working on a holiday. Please refer to the AFSCME Contract and the Non-Exempt Employee Handbook for details.)

No. In New Jersey overtime must be paid as wages. You cannot give time off in a later week, even if it is at 1-1/2 times the number of overtime hours worked. Remember, overtime is based on the week not the day. An employee, with supervisory permission, can work an extra hour one day and leave an hour early the next day, as long as the hours are all in the same workweek.

No, if a non-exempt employee works on a project, they must be paid for the actual hours worked, not a one-time stipend amount.

No, a non-exempt employee who works on a project must be paid overtime for the time worked if the work is similar to the individual’s normal duties.

No, these employees are "exempt," from overtime, as stipulated by the FLSA. Exempt employees are paid for the job they do and are expected to work, as necessary, until the job is finished, even beyond the regular workweek, in the evenings and on weekends. They do not receive pay for extra hours worked, either in straight pay or at 1-1/2 times their hourly pay.

Exempt employees are expected to take responsibility for their own schedules and can, on occasion, take time off from work in order to meet personal needs. This additional time from work must be approved in advance by the supervisor and must not conflict with office operations. One example of an inappropriate use of time is adding all of the hours worked beyond the normal workweek in one month and allowing the employee to take off in the future a full week not charged to a floating holiday or vacation time. Another inappropriate use is to provide hour for hour time off for all hours worked beyond the regular 37.5-hour administrative workweek.