Overtime and compensatory time
Nonexempt employees must be paid overtime for all hours worked over 40 in a workweek (or other applicable state threshold). At K-State, employees may elect to either be paid for the overtime or to receive compensatory time (comp time) to be used at a later time. The choice to accept compensatory time in place of overtime pay is up to the employee and cannot be required by the department.
What to know about extra work hours
- Overtime applies only to nonexempt employees
- Extra hours are based on total hours worked in a workweek (or other unit as designated by state regulations)
- Expectations should be communicated in advance
Overtime occurs when a nonexempt employee works more than 40 hours in a workweek (or other applicable state threshold). Overtime hours are paid at one and one-half times the employee's regular rate of pay.
Supervisors are responsible for communicating expectations about overtime and approving overtime in advance when required to meet work needs.
Compensatory time provides time off instead of overtime pay for hours worked over 40 in a workweek. For each hour of overtime worked, an employee earns one and one-half hours of time off to be used at a later time.
Comp time is an alternative to overtime pay and may be voluntarily elected by the employee when eligible. If no election is made, overtime will be paid rather than accrued as comp time.
Employees should be allowed to use comp time within a reasonable period after making the request, provided that its use does not unduly disrupt the unit's operations.
Departments may require employees to use comp time within a reasonable period after providing notice. The notice will include the period during which a specified number of hours of compensatory time are to be used.
A department may, at its discretion, pay out all or any portion of compensatory time due to an employee.
If an employee separates from the university, transfers to another department or if the employee's FLSA classification changes to exempt, compensatory time must be used or paid out prior to the effective date of the change.
Supervisors should clearly communicate expectations about earning and using comp time.
Benefit-eligible nonexempt employees may choose whether to receive overtime pay or compensatory time when eligible. Elections are made through HRIS Employee Self-Service.
Support
Employees and supervisors may find the following resources helpful:
- FLSA FAQs – Quick answers to common questions.
- What counts as work time?
- FLSA basics: Understanding exempt and nonexempt classifications
- Supervisor basics – Supervisor responsibilities under FLSA.
When an employee or supervisor has questions regarding overtime or compensatory time, they are encouraged to start with their manager or HR liaison.
Supervisors and HR liaisons are the primary points of contact for questions related to work schedules, time and how these practices apply within a department. They are often able to address concerns within the context of the employee’s role and unit operations.
For questions that require additional review or escalation, HR liaisons may involve HR Compensation and Organizational Effectiveness for further guidance.