Compensable time - Any time the employer permits or allows an employee to perform a work-related activity. This includes all time worked while at the job site, work performed at home and work that is performed over lunch breaks or before the regular workday begins. Depending on the circumstances, it may also include travel time, attendance at conferences and workshops and other activities.
Compensatory time - Time that is given to compensate for overtime worked. In lieu of overtime pay, a non-exempt employee can elect compensatory time. Compensatory time is earned at the rate of one and one-half hours for each hour worked.
Employee - Person (excluding faculty, administrators, graduate assistants, and student workers) who works for the university and receives a university paycheck with deductions for social security and for federal and state taxes.
Exempt Employee - Person who is not subject to the overtime provisions of the Fair Labor Standards Act (FSLA) when they work more than 40 hours in a workweek.. Exempt employees are expected to work whatever hours are necessary to accomplish the goals and deliverables of their job.
Fair Labor Standards Act (FLSA) - 1938 federal employment law administered by the U.S. Department of Labor. It sets a minimum hourly wage, a 40-hour workweek, overtime rules, timekeeping requirements and child labor standards. The guidelines affect full-time and part-time workers in the private sector and in federal, state and local governments.
Hours Worked - University policy directs that hourly paid full-time employees will normally work and be paid for 40 hours during the workweek, which begins at 11:01 p.m. Thursday and continues through 11:00 p.m. the following Thursday. When an employee performs work for the university, it is considered hours worked. There are special circumstances and guidelines that assist with defining hours worked in the following sections. For the purposes of this document and related university policies, the phrases “compensable work time,” “time worked” and “hours worked” have the same meaning.
Non-exempt employee - Person who is subject to the overtime provisions of the Fair Labor Standards Act (FLSA). Non-exempt staff are eligible for overtime pay or compensatory time off. The university must compensate non-exempt employees for all hours worked, including overtime for hours over 40 worked in the workweek.
Overtime - All hourly paid employees (including part-time employees) working more than 40 hours in one work week shall receive overtime compensation. This may be in the form of overtime pay or compensatory time, both granted at one- and one-half hours for every hour worked over 40. In calculating overtime pay, only hours worked are included. Paid leave (vacation, sick, holiday, administrative, compensatory time off, etc.) does not count toward hours worked when calculating hours for overtime or compensatory time off. Working more than 40 hours per week and earning overtime or compensatory time off must be approved by a supervisor in advance. University of Nebraska law enforcement employees may be compensated for overtime for working more than 80 hours in a 14 consecutive day work period.
Salary threshold - One criterion for determining overtime eligibility. FLSA states that employees whose base annual salary is above a certain amount may be treated as exempt from overtime. There are additional criteria, including the duties test that will ultimately decide if an employee can be exempt or non-exempt.
U.S. Department of Labor (DOL) - A federal agency that administers and enforces more than 180 federal laws related to wages, working conditions and employment.
Workday - The number of hours for required performance of duties as designated by the department head. For full-time employees, the workday usually consists of eight hours of work with an unpaid meal period of at least 30 minutes. There are normally 260 work days (2,080 hours) scheduled per calendar year.
Workweek - A workweek is a period of 168 hours during 7 consecutive 24-hour periods. It is normally 40 hours beginning at 11:01 p.m. Thursday and continuing through 11:00 p.m. the following Thursday. Generally, for purposes of minimum wage and overtime payment, each workweek stands alone; there can be no averaging of 2 or more workweeks. Employee coverage, compliance with wage payment requirements, and the application of most exemptions are determined on a workweek basis.