University Policies and Procedures Manual (previously Business Policies and Procedures Manual)
Overtime-Eligible Employees
UPPM 60.59
For more information contact:
Human Resource Services
509-335-4521
Contents
1.0 Overview
Employees in certain faculty, administrative professional (AP), civil service, bargaining unit, nonpermanent (scheduled and nonscheduled), hourly, and student positions are eligible for overtime compensation. Human Resource Services (HRS) determines the eligibility of positions for overtime compensation. Such determinations are based upon position reviews using Fair Labor Standards Act (FSLA) criteria and the Washington State Minimum Wage Act (MWA), including applicable provisions of the Washington Administrative Code (WAC 357-28).
2.0 Applicability
The procedures and advisory guidelines referred to in this section apply to overtime-eligible employees who are not covered by collective bargaining agreements. Contact HRS for questions regarding overtime eligibility.
An employee who is covered by a collective bargaining agreement is to refer to the applicable agreement for overtime rules and procedures.
3.0 Authorization
Typically, prior to working any hours beyond their standard workweek, an employee must receive approval from their supervisor. An overtime-eligible employee is to follow the procedures outlined by their department administrators. An overtime-eligible employee is to be compensated for all hours worked. If an employee works unauthorized overtime, corrective or disciplinary action may be appropriate. Contact HRS for assistance.
4.0 Departmental Guidelines
In addition to the rules specified in the University Policies and Procedures Manual (UPPM), the Faculty Manual, the Administrative Professional Handbook, and the Fair Labor Standards Act (29 USC 201), departments should develop internal processes for:
- Employees to submit time worked and request leave/time off; and
- Managers/time approvers to verify hours worked and leave taken has been recorded accurately.
Time worked and leave taken should be approved, at a minimum, each pay cycle.
Overtime eligible employees must record time worked and leave taken. By submitting their time for approval, the employee is certifying the hours submitted have been worked, and are true and accurate.
The Manager or Time Approver is responsible for validating and approving that:
- All hours reported have been worked,
- All time off is recorded, and
- Any pay-impacting activity such as overtime or leave without pay has been recorded.
Managers or Time Approvers should not approve hours worked until the employee completes working their hours for the pay period.
5.0 Overtime Summary
The official WSU workweek begins at 12:01 a.m. Sunday and ends at midnight (12:00 a.m.) on Saturday. Contact HRS prior to any adjustment to the official workweek.
5.1 Holidays / Leave with Pay
All paid holidays (including the personal holiday and use of holiday credit) during the employee’s regular work schedule are considered time worked. Leave with pay during the employee’s regular work schedule is not considered time worked for purposes of determining overtime eligibility.
5.2 Faculty and Administrative Professional Employees
For overtime-eligible faculty and AP employees, overtime compensation is based upon a 40-hour workweek. Work in excess of 40 hours in one workweek is compensated at time and one-half the hourly rate and may be approved for compensatory time.
5.3 Civil Service and Nonpermanent Employees
For overtime-eligible civil service and nonpermanent employees, overtime compensation is based upon hours of work in excess of 40 hours in one workweek. (WAC 357-28-255).
A full-time overtime eligible civil service or nonpermanent employee who is assigned by their employer to work on a scheduled day off receives time and one-half overtime compensation for hours worked. (See Section 6.1 regarding overtime-eligible part-time employees.)
Work in excess of 40 hours in one workweek is compensated at time and one-half the hourly rate. (WAC 357-28-260)
6.0 Overtime Compensation
The hourly rate for overtime compensation includes shift differentials, hazardous conditions pay, and other pay in accordance with the Fair Labor Standards Act.
6.1 Part-Time
For overtime-eligible part-time employees, work in excess of the regular part-time schedule up to 40 hours in one workweek is compensated as straight time and may not be accrued as compensatory time.
Time worked in excess of 40 hours in a workweek is compensated at time and one-half the hourly rate and may be approved for compensatory time. Nonpermanent, hourly, and student employees are not eligible for compensatory time and receive monetary compensation for overtime worked.
7.0 Holiday Worked
7.1 Overtime-Eligible Civil Service Employees
Full-time overtime-eligible civil service employees receive eight hours of holiday pay, plus premium pay at time and one-half for all hours worked on a WSU-designated holiday. (WAC 357-28-200)
A part-time employee receives regular holiday pay on the same pro rata basis that their monthly schedule bears to a full-time schedule, plus premium pay at time and one-half for all hours worked on a WSU-designated holiday.
7.2 Overtime-Eligible Faculty and AP Employees
A full-time overtime-eligible faculty or AP employee who works on a WSU-designated holiday may request to take the holiday at a later date.
A faculty or AP employee who does not choose to take the holiday at a later date may receive overtime pay at time and one-half the hourly rate for holiday hours worked if the hours worked are in excess of 40 hours in the same workweek. The employee receives straight time pay for holiday hours worked which are not in excess of 40 hours in the workweek.
8.0 Compensatory Time Off
An overtime eligible employee must receive monetary payment for overtime worked. However, with agreement between the employer and the employee, compensatory time off at one and one-half times the overtime hours worked may be granted in lieu of monetary payment. (WAC 357-28-275) Compensatory time off is earned at the rate of one and one-half hours for each hour worked in excess of 40 hours in a workweek. Nonpermanent, hourly, and student employees are not eligible for compensatory time and must receive monetary payment.
The employing official administers the accrual and use of compensatory time off taking into consideration the work requirements of the department and the request of the employee. Accrual of compensatory time off is based on an agreement between the supervisor and the employee prior to the performance of overtime work. Upon request, HRS provides assistance with preparing written agreements of understanding.
Compensatory time off may be granted only when the employee has worked in excess of 40 hours in a workweek.
The employing official should contact HRS prior to denying the use of compensatory time off.
8.1 Maximum Accumulation
The accumulation of unused compensatory time for civil service employees at WSU may not exceed 240 hours. Any additional overtime must be paid in cash. (WAC 357-28-285 and 29 USC 201)
Appointing authorities may establish compensatory time maximums of less than 240 hours.
8.2 Cash Out
Unused compensatory time must be paid in cash at the end of each biennium.
8.2.a Exceptions
An appointing authority (see UPPM 60.10) may authorize an extension to the end-of-biennium cash out requirement. The appointing authority indicates a specific date by which the compensatory time must be used by the employee requesting an exception. This date must not exceed four months from the end of the biennium. The appointing authority sends a copy of the written exception to HRS for the employee’s personnel file.
If the compensatory time is not used by the extension date, it must be paid out within 30 days of the end of the extended period.
8.2.b Additional Cash Out Periods
Appointing authorities may establish additional times during the biennium by which compensatory time must be paid.
9.0 On-Call / Standby Pay
Overtime-eligible civil service and nonpermanent employees are eligible for standby pay (WAC 357-28-205). To qualify, employees must be required by their employer to restrict their off-duty activities to be immediately available for duty. An employee on standby status called to return to work does not qualify for call back pay but is compensated for hours worked. (WAC 357-28-185, WAC 357-28-255)
The rate of standby pay for civil service and nonpermanent employees is determined in accordance with the salary schedule set by the Office of Financial Management (OFM).
Overtime-eligible AP employees may be allowed standby pay when required by their employer to restrict their off-duty activities to be immediately available for duty, as determined by their department. The rate for standby pay is determined at the same percentage of the hourly rate set by OFM.
10.0 Meal Periods
An overtime-eligible employee receives a minimum of a 30-minute unpaid meal period no less than two hours and no more than five hours from the beginning of their work shift. Meal periods are considered time worked when the employee is required by the employer to remain on duty on the premises or at a prescribed work site in the interest of the employer.
The meal period may be waived if the employee signs a written agreement with the department manager or director to voluntarily waive the meal period on a regular basis. In consideration for the ability to work a “straight shift,” the employee agrees to waive a meal period as defined in WAC 296-126-092. (A “straight shift” is defined as a work period without interruptions for meal breaks.) Under such an agreement, the employee is entitled to eat at any time during their shift as time and work duties permit. The employee is not entitled to relief from duty while they eat.
11.0 Rest Breaks
An overtime-eligible faculty, AP, or civil service employee receives a 15-minute paid rest period for every four hours worked. An overtime-eligible nonpermanent, hourly, or student employee receives a paid rest period of 10 minutes minimum up to 15 minutes maximum for every four hours worked. An appropriate rest period provides a relief from duty and is uninterrupted. While taking a rest period, the employee is subject to call to return to work as needed by the employer. Rest periods should be scheduled as near as possible to the midpoint of the work period. No employee is required to work more than three hours without a rest period.
An overtime-eligible employee may take their rest period on an intermittent basis. An intermittent rest period is a period of less than the full rest period in which the employee has an opportunity to rest or relax during the performance of their duties. The employee may take as many intermittent rest periods as necessary to total the allowed rest period. When the employee’s rest period is interrupted, the employee’s rest period is deemed to be an intermittent rest period. The employee is allowed to complete their rest period prior to the end of the four-hour period in which the rest period occurs by taking additional intermittent rest periods. The employee may not waive rest periods.
For more information contact HRS; telephone 509-335-4521. Also refer to RCW 49.12, which allows employees and employers to mutually agree to vary rules and policies adopted by the Department of Labor and Industries in WAC 296-126-092 under the Industrial Welfare Act.
12.0 Resources
UPPM 60.26 Temporary Employment Program
UPPM 60.33 Employee Requests for Temporary Schedule Changes
UPPM 60.40 Staffing During Suspended Operations or Emergency Closures
Contact HRS for more specific information regarding compensatory time or payment for overtime worked.
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Revisions: Sept. 2025 (Rev. 648); July 2021 (Rev. 571); Dec. 2020 (Rev. 559); Nov. 2010 (Rev 369); June 2009 (Rev. 342); Mar. 2009 (Rev 337); Dec. 2005 (Rev. 270).