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Summary: An overview of the UC policy on overtime.

The Fair Labor Standards Act (FLSA) requires all employers to provide overtime compensation for employees who work more than 40 hours per week.

Overtime Eligibility
  • Non-exempt employees are subject to all FLSA provisions. They are required to account for time worked on an hourly and fractional hourly basis and are compensated for qualified overtime hours.

  • Exempt employees are exempt from FLSA overtime provisions. Exempt employees are paid an established salary and are expected to fulfill the duties of their positions regardless of hours worked. They are not eligible to receive overtime pay or compensatory time off. Hours are reported on a daily basis.
Information identifying non-exempt staff employee positions may be found by looking up title code by using the HR Job Title Information for Staff. Once you have found the title code, look three rows down and to the right. You will see the words "Overtime: NO (Exempt) or YES (Non-Exempt)." The employees FLSA status is also shown in PPS. You can find it spelled out on the Inquiry Appointment/ Distribution screen (EAPP) under the "FLSA" field: "0" for Non-Exempt, "1" for Exempt. All faculty positions are exempt.

Overtime Rates
  • Premium overtime is time worked over 40 actual hours in a single workweek. Sick leave, vacation, holiday pay, administrative leave, and compensatory time do not generally count as time worked, but are sometimes counted for represented employees. Always check by viewing personnel policy and collective bargaining unit agreements. Premium overtime is compensated at the rate of time-and-one half per hour.

  • Straight overtime is time worked that is more than an employee’s regularly scheduled hours, but less than 40 actual hours in a workweek. Straight time is compensated at the rate of one hour of pay per hour worked.

Compensatory Time Off (CTO) in Lieu of Payment

Straight Overtime
  • May be scheduled by the department head within the same workweek in which the overtime is earned to avoid overtime accrual
  • Accrued hours of straight overtime will be paid.
Premium Overtime
  • An employee must be permitted to use the compensatory time within a reasonable period after making a request (if the requested time off does not unduly disrupt department operations).
  • An employee must be paid for premium overtime once they exceed the maximum accrual limit.

For a detailed explanation of CTO and overtime provisions, please refer to Personnel Policy 32, Overtime (Non-Exempt Employees) or to the applicable Bargaining Unit Agreement: Local Contracts or Systemwide Contracts.

Need an expert? We can lead you to the right person in Compensation, (949) 824-5210.

Notice: University policies, procedures and applicable collective bargaining agreements shall supersede information in this document or elsewhere on this site.

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