University of Minnesota
Office of Human Resources
http://www.umn.edu/ohr
612-625-2016

Article 13 Overtime

Section 1. Overtime Hours and Rates

Overtime is the time worked in excess of forty (40) hours per work week for employees scheduled in a seven (7) day work period, on one or more University jobs.

All hours worked by an employee greater than twelve (12) consecutive hours in any work day shall be paid at time-and-one-half (1.5) the employee's regular rate of pay.

Compensation shall not be paid more than once for the same hours under any provision of this agreement.

Overtime worked with the prior approval of the supervisor shall be compensated by pay or by compensatory time off, at the option of the employee, unless payment in cash is prohibited by funding source or availability of funds as determined by the Department. Each department shall identify in writing more than one person authorized to approve overtime.

If payment of cash overtime is prohibited, the employee should be informed of that fact before working the overtime, or at the time of hire, or when funding source or availability of funds as determined by the Department requires a change in the compensation method.

All employees shall be paid or receive compensatory time at time-and-one-half (1.5) the employee's regular rate for overtime as defined above. An employee may use compensatory time, subject to the approval of the supervisor, within a reasonable period of time after a request to do so unless the use would unduly disrupt the operation of the department.

Requests to use compensatory time shall be given reasonable consideration.

Departments have full discretion to limit (in accordance with written Department policy) the amount of compensatory time off that can be accumulated and the length of time a compensatory time-off balance can be carried forward, except that maximum limits imposed by statute (i.e., 160 hours of straight time, 240 hours at time and one-half) will be strictly followed.

The payment for paid overtime shall be processed without undue delay when possible. Departments are encouraged to process all overtime in the pay period in which it was worked.

Upon leaving the University or upon transferring from one Department of the University to another Department, an employee whose funding source does not prohibit a cash payment may cash out compensatory overtime on the following complete payroll abstract with fourteen (14) calendar days written notice. If payment is prohibited, arrangements will be made by the Department to handle the remaining compensatory overtime obligation.

Section 2. Distribution of Overtime

A. Overtime as a Condition of Employment.

Certain positions will require overtime as a condition of employment. Employees in these positions may be required to work pre-planned, scheduled overtime which may not be reassignable to others. Employees required to work this overtime should be informed of this condition of employment at the time of hire, or when the Department requires this overtime as a condition of employment.

B. Reassignable Overtime.

The Employer shall offer and distribute reassignable overtime to employees as soon as the need for the overtime is anticipated. When reassignable overtime is required, the employee who usually performs the work shall be given first opportunity to work the overtime (including holidays). If the employee chooses not to accept reassignable overtime, or if there is more than one (1) employee in the same classification who normally performs the work and the need for the overtime is known more than twenty-four (24) hours in advance, the Employer shall inform employees of the available overtime by memorandum or posting and other employees who are qualified and able to perform the work and wish to work overtime shall be permitted to work such overtime in classification seniority order with the most senior employee in that classification within the work unit in the Department being given first consideration. When there is twenty-four (24) hours or less notice of the reassignable overtime, the Employer shall assign the overtime according to the distribution system. In such cases, the Employer shall attempt to notify employees by memorandum, posting, or other means. If all such employees decline to work the reassignable overtime, the employee with the least amount of classification seniority within the work unit in the Department, who is qualified, shall be required to work the overtime.

If the employee chooses not to accept reassignable overtime, or if there is more than one (1) employee in different classifications who normally perform the work and the need for the overtime is known more than twenty-four (24) hours in advance, the Employer shall inform employees of the available overtime by memorandum or posting, and other employees who are qualified and able to perform the work and wish to work overtime shall be permitted to work such overtime in University seniority order with the most senior employee within the work unit in the Department being given first consideration. When there is twenty-four (24) hours or less notice of the reassignable overtime, the Employer shall assign the overtime according to the distribution system. In such cases, the Employer shall attempt to notify employees by memorandum, posting, or other means. If all such employees decline to work the reassignable overtime, the employee with the least amount of University seniority within the work unit in the Department, who is qualified, shall be required to work the overtime. Overtime distributions shall be completed in time to provide the employee who will work the overtime four (4) hours or one half shift of notice.

With the prior approval of the supervisor and to the extent compatible with a particular reassignable overtime assignment, an employee may be allowed to work the overtime at hours that are amenable to the employee's work schedule and personal commitments.

The Employer shall not be required to interrupt a specific project in progress in order to distribute overtime. Neither shall this Article require additional overtime to orient or train an employee to do the overtime work.