Overtime

Section: Compensation
Responsible Offices: Office of Human Resources
Effective Date: 9/3/1996
Revised 07/01/2025

Policy

This policy applies to all non-exempt employees who are subject to New York State and federal overtime requirements (Fair Labor Standards Act). 

If you are a non-exempt employee (typically, this means staff) you will receive overtime pay at the rate of one and a half times your regular rate of pay for any hours over 40 that you work in a workweek. Hours over 35 but less than 40 in a workweek are not paid as overtime; they are considered straight-time hours. 

When required due to the needs of the University, you may be asked to work overtime. In the case of an emergency, non-exempt employees who are classified as essential employees will be required to work overtime. Overtime is paid based on actual time worked. Holidays, vacation, sick time, personal time, jury duty and similar days in which you perform no work, are not counted toward the calculation of overtime. All overtime work must be approved in advance by a supervisor or manager.

As an example, if a Facilities or Campus Safety staff member takes an 8 hour vacation day on Monday and works Tuesday through Saturday, the employee will receive straight pay for the Saturday hours worked. No overtime is due, because the actual hours worked did not exceed 40 (32 hours actually worked Tuesday through Friday + 8 hours worked on Saturday = 40 hours.) In addition, the vacation day on Monday would be paid at 8 straight hours.

Exempt employees are not eligible for overtime pay.