Human Resource Services
Employees in certain administrative professional (AP), civil service, and collective bargaining unit 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, including applicable provisions of the Washington Administrative Code (WAC 357-28).
The procedures and advisory guidelines referred to in this section apply to overtime-eligible AP employees and civil service employees who are not covered by collective bargaining unit agreements. Contact HRS for questions regarding overtime eligibility.
An employee who is covered by a collective bargaining unit agreement is to refer to the applicable agreement for overtime rules and procedures.
Typically, prior to working any hours beyond his or her standard workweek, an employee must receive approval from her or his supervisor. An overtime-eligible employee is to follow the procedures outlined by her or his 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.
Administrative Professional (AP) Employees
For overtime-eligible 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.
Holidays / Leave With Pay
All paid holidays (including the personal holiday) 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.
Civil Service Employees
For most overtime-eligible civil service employees, overtime compensation is based upon hours of work in excess of 40 hours in one workweek, in accordance with WAC 357-28-255. All paid holidays (including the personal holiday) 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.
A full-time overtime eligible civil service employee who is assigned by her or his employer to work on a scheduled day off receives time and one-half overtime compensation for hours worked. (See Part-Time below regarding overtime-eligible part-time employees.)
Work in excess of 40 hours in one workweek is compensated at time and one-half. (WAC 357-28-260)
Overtime-eligible employees receive cash payments for overtime. However, at the employee’s request, an employing official may approve compensatory time off in lieu of pay. (WAC 357-28-275)
Overtime pay and compensatory time may be paid or granted when an employee’s total time worked exceeds 40 hours in a workweek. Overtime compensation is not granted or paid for work that exceeds the employee’s regular work day but does not cause the total hours worked in the workweek to exceed 40 hours. EXCEPTION: Overtime compensation is granted or paid to full-time overtime eligible civil service employees who are assigned to work on scheduled days off and paid holidays, regardless of whether or not the total hours worked in the workweek exceeds 40 hours.
Overtime compensation includes shift differentials, hazardous conditions pay, and other pay in accordance with the Fair Labor Standards Act.
The employee indicates the hours worked on her or his Time Report.
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 and may be approved for compensatory time.
The accumulation of unused compensatory time at WSU may not exceed 240 hours. Any additional overtime must be paid in cash. (WAC 357-28-285) Appointing authorities may establish compensatory time maximums of less than 240 hours.
Unused compensatory time must be paid in cash at the end of each biennium.
An appointing authority may authorize exceptions to the above end-of-biennium cash out requirement. The appointing authority indicates a specific date by which the compensatory time must be liquidated by the individual requesting the exception. This date must be within four months of the end of the biennium. The appointing authority documents the exception in writing and attaches it to the employee’s June Time Report or Leave Report.
If the individual does not use the compensatory time by the end of the extension, the compensatory time so extended must be paid in cash within thirty days of the end of the extended period.
Additional Cash Out Periods
Appointing authorities may establish additional times during the biennium by which compensatory time must be paid.
Overtime-Eligible Civil Service Employees
Full-time overtime-eligible civil service employees receive eight hours of 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 his or her 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.
Overtime-Eligible AP Employees
A full-time overtime-eligible AP employee who works on a WSU-designated holiday may request to take the holiday at a later date.
An AP employee who does not choose to take the holiday at a later date may receive premium pay at time and one-half 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.
Compensatory Time Off
If a prior agreement is made between the supervisor and the employee, compensatory time off may be taken in lieu of 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 wishes 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 must contact HRS prior to denying the use of compensatory time off.
Meal and Rest Breaks
An overtime-eligible employee receives a minimum of a 30-minute unpaid meal break toward the middle of each work shift, no more than five hours after the beginning of the shift.
The meal period may not be required 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 his or her shift as time and work duties permit. The employee is not entitled to relief from duty while he or she eats.
An overtime-eligible employee receives a 15-minute paid rest period 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.
An overtime-eligible employee may take his or her rest period on an intermittent basis. An intermittent rest period is a period of less than the full 15-minute rest period in which the employee has an opportunity to rest or relax during the performance of his or her duties. The employee may take as many intermittent rest periods as necessary to total the allowed 15-minute 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 his or her 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 or combine rest periods at the end of a shift.
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.
Upon request, Human Resource Services provides specific information regarding compensatory time or payment for overtime worked.