To outline West Virginia University policy relative to employee eligibility for, computation of, and other conditions as they relate to non-exempt and exempt employees in accordance with the Fair Labor Standards Act, WV Code 18B-7-11 and 21-5C; West Virginia Board of Trustees Series 31 and 62
This policy applies to all non-exempt employees in classified, non-classified, faculty, FE/AP, work study, and graduate assistant positions at West Virginia University, including those on the regional campuses.
At times, employees may be required to work additional time than they’re standard scheduled work hours. The University will properly account for and compensate employees in such situations.
Only employees in positions designated as non-exempt are entitled to overtime. Any employee paid on an hourly basis regardless of job title is considered to be non-exempt. When possible, overtime will be distributed equally among employees in same positions within a group, department, or occupation. The supervisor must authorize, with approval of the Dean/Director, overtime in advance of the employee performing the work. Unless excused by the supervisor for valid reasons, the employee is expected to work overtime.
Only actual hours worked beyond forty (40) within a workweek by a non-exempt employee qualify as overtime. Work release time and absences charged to leave accruals during the workweek are not calculated as actual hours worked for overtime. Overtime must be compensated: in wages at the rate of one and one-half (1½) the employee’s regular rate of pay; or, in compensatory time off (CTO) at the rate of one and one-half (1½) the time worked over forty hours. Time worked between 37.5 and 40 hours within a workweek by a non-exempt employee must be compensated at the employee's regular hourly rate of pay.
Additional information regarding this policy or the proper procedure to follow can be obtained in the Overtime procedure.
RESPONSIBILITY FOR IMPLEMENTATION
The supervisor/dean/director is responsible for the scheduling and designation of employee(s) to work overtime and ensuring employees are properly compensated for work performed. The Classification and Compensation Unit in the Department of Human Resources, at (304) 293-5700 or P.O. Box 6640, is available to answer questions or provide additional information regarding this policy.
RESPONSIBILITY FOR INTERPRETATION
The responsibility for interpretation of this policy rests with the Director of Human Resources, West Virginia University.
Effective: September 10, 1998