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Overtime Frequently Asked Questions

The following FAQs apply to non-exempt employees and/or those who are covered under the overtime provisions of a collective bargaining agreement.

If you have further questions or need clarification, please contact Employee Relations at 517-353-5510 or hr.er@hr.msu.edu.

Q. Our department has a special event next weekend and we need staff to work it for us even though they are normally scheduled M-F, 8 a.m. to 5 p.m. We don't have the money to pay overtime. Can we change schedules for next week?

A. Management cannot change schedules for the purpose of avoiding overtime. However, if your employee(s) agree(s) to a change in schedule in that pay week, you may do so as long as any changes you make are "self contained" in that pay week. You still risk paying overtime if you make changes which move hours of work into another pay week.

Q. Are departments required to pay overtime (or compensatory time where applicable) when an employee works overtime without approval?

A. Yes. So long as work has been performed for the University, the employee must be compensated for their time.

Q. Can departments establish policies for pre-approval of overtime?

A. Yes. Departments may set reasonable standards for requesting approval of overtime in advance. This may include a standard that no overtime may be worked without pre-approval, that under certain conditions certain overtime may be worked without approval, and/or that overtime worked must be reported within a certain period of time. The policy may also include specific procedures for receiving authorization.

Q. Our department requires pre-approval of overtime but one of my employees just turned in overtime hours without seeking prior authorization. Do I have to pay for these hours since s/he violated the policy?

A. Yes, in accordance with the Fair Labor Standards Act (FLSA), you still have to pay for those hours worked. However, an employee found to be in violation of a policy may be subject to discipline. If you are in this situation, you may wish to consult with Employee Relations for guidance.

Q. I believe my employee is working on the weekend but not reporting his time as overtime. I've not asked him to do this...he just prefers to do this to get ahead for the next week. If an employee just chooses to put in extra hours, isn't that up to them? He doesn't want to be paid for this time.

A. Employers have no choice but to pay for hours worked even if the employee declines payment. So long as the employer reasonably knows the work is being done, the employee must be compensated.

Q. So if I don't ask, and my employee doesn't tell me that he/she has worked extra hours, would the University be in violation of the FLSA?

A. Possibly. As a supervisor, you are expected to be fully aware of the hours worked by your employees. Not knowing isn't a good defense against claims of FLSA violations. It is not unheard of for employees in these situations to keep "off the book" records which are later submitted as evidence of FLSA violations. Be vigilant for signs your employees are working beyond their schedule. For example, if you leave at the end of a work week and an employee has not turned in a report you need, but it is waiting for you on Monday morning, you should ask whether it was completed outside of the employee's schedule.

Q. My employee is responding to work email after work hours. Do I need to pay him/her for this time?

A. Possibly. Be careful that your department overtime policy addresses after- hours email, calls and errands, as these may be subject to overtime pay. Make sure these policies are shared with anyone in your unit who may be in a position to assign work (such as faculty members who may not know your employee's work schedule). Not only may you be required to pay overtime for hours worked outside of the schedule, but some collective bargaining agreements have established a minimum pay period (generally three hours pay) when an employee is "called back" to work outside of his/her work schedule.

Q. What is the smallest unit of time an employee should record for overtime? Does every minute need to be accounted for?

A. MSU rounds time worked to the nearest tenth of an hour.

Q. Our department holds an annual event. Former and current employees and alumni all volunteer to help with the event. Do I need to pay current employees who volunteer to help?

A. Yes, if it falls during their regular work schedule and/or if the nature of the work they "volunteer" to do is similar to the duties they would typically be asked to perform. If the time they donate during the event is substantially different from what they would normally do in the course of their employment, you may be protected from FLSA claims. For example, if your employee is an Auditor I and he/she is going to offer face painting to your guests, he/she is probably truly a volunteer for this event. This also applies to "one time" events. Please work with Employee Relations to make sure you are in compliance.

Q. What are the rules for overtime pay during periods of travel for single- or multiple-day travel?

A. The FLSA rules for pay during travel vary according to the specifics of each case. For guidance on a specific scenario in your unit, please contact Employee Relations.

Q. What should an employee do if he/she feels he/she is eligible for overtime pay?

A. Speak first with your supervisor and together review the appropriate policy and collective bargaining agreement. If you are still uncertain, contact Employee Relations.

The location of overtime provisions for each bargaining unit is cited below:

APA (Administrative Professional Association) Employees:

Article 18

http://www.hr.msu.edu/documents/contracts/APA2011-2015.pdf

APSA (Administrative Professional Supervisors Association) Employees:

Article 18

http://www.hr.msu.edu/documents/contracts/APSA2011-2015.pdf

CTU (Clerical Technical Union) Employees:

Article 9

http://www.hr.msu.edu/documents/contracts/CTU2011-2015.pdf

1585 (AFSCME) Employees:

Article 41