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Policy Contact: Office of Human Resources

1. Purpose

   This policy implements SDBOR Policy 4.5.1 and sets forth the conditions for overtime compensation at the University in conjunction with applicable state and federal law.

2. Policy
    
   1. The University is under the control and management of the SDBOR, which is considered to be one (1) employer. An employee cannot be both a “paid” employee and a “nonpaid” volunteer while performing the same type of work for the same employer. All overtime must be approved prior to the hours being worked. Failure to comply with any provisions of this policy and SDBOR Policy 4.5.1 may subject the employee to disciplinary action, up to, and including termination.
       
   2. Employees Eligible for Overtime Pay
      1. Eligibility and Accrual
         1. Employees are determined to be eligible for overtime based on the duties and level of compensation of the individual position. Employees eligible for overtime compensation shall normally be paid in a combination of cash and compensatory time.
         2. Overtime accrues at the rate of time and one-half based on a forty (40) hour workweek. Employees may have their compensatory time carried forward to subsequent pay periods; however, the maximum accumulation of compensatory time is eighty (80) hours, with the exception of production workers for the College of Agriculture, Food, and Environmental Sciences who may accrue up to 160 hours. Compensatory time exceeding this maximum must be paid or used.
         3. The SDBOR reserves the right to pay cash, at any time, to the employee for any or all accrued compensatory hours.
      2. Work Week
         1. In accordance with SDBOR Policy 4.5.1, the standard work week shall be from 12:00 a.m. Sunday through 11:59 p.m. Saturday.
      3. Overtime Payment
         1. Overtime pay is computed as actual hours worked in excess of forty (40) hours during a work week. In computing overtime, holiday hours and leave hours are not considered hours worked.
      4. Work Week Adjustments
         1. Supervisors and employees are expected to adjust the work week whenever possible to avoid an overtime liability. For example, if an employee works forty (40) hours in the first four (4) days of the normal work week, every effort should be made to adjust the work schedule within the work week so that the employee does not work more than forty (40) hours. In this example, the employee would not report for work the last day of the work week.
         2. Supervisors reserve the right to adjust the schedule of the employee.
      5. Leave Time
         1. Annual leave, compensatory time, sick leave, court and jury leave, paid family leave, bereavement leave, military leave, and any other leave time will not be considered hours worked.
         2. If approved annual leave, sick leave, or compensatory time are used in any combination with hours worked, and the time totals more than forty (40) hours during the work week, the leave must be reduced to bring the total hours paid to forty (40) hours for the week. If multiple types of leave have been taken in a week that requires adjustment, the adjustments should be applied in the following order:
            1. Sick Leave
            2. Annual Leave
            3. Compensatory Time
         3. If an employee works more than forty (40) hours, no leave time should be deducted from the employee’s balance, with the exception of employees who have reached the maximum annual leave balance, and whose annual leave was approved prior to working the overtime. In such situations, hours that will prevent the employee from losing the current pay period’s annual leave accrual will be paid. Payment to employees with scheduled annual leave applies only to employees with maximum annual leave balances.
         4. Employees who are on military leave or court and jury leave will be paid the leave hours at straight time regardless of other hours worked during the week. The leave time will not be considered hours worked. Supervisors may require employees to report to work during hours outside of the military or court and jury leave.
      6. Holiday Pay
         1. Holiday hours will not count as hours worked for purposes of computing overtime. All overtime-eligible employees who work at least one (1) shift or are on paid leave during the calendar week in which the holiday falls are eligible for holiday pay. For payroll and leave purposes, a holiday on which an employee does not work is no more than eight (8) hours.
         2. Employees who are required to work on the date a holiday is observed will receive eight (8) hours of holiday pay, or for the total number of hours worked, whichever is greater.
         3. Eligible part-time employees shall receive prorated holiday pay. Eligible part-time employees who must work on the date a holiday is observed will receive either the prorated amount based up on the average hours they have worked in the previous three months, or the total hours worked, whichever is greater.
         4. Employees who are on leave without pay for the entire week when a holiday occurs will not receive holiday benefits. Employees who are newly hired and who begin work the day after the holiday will not receive the holiday pay hours.
         5. As provided by South Dakota law, an employee must be compensated with time off or cash reimbursement for holiday hours. An employee who is required to work on a holiday may be compensated in one (1) of two (2) ways:
            1. Take off an equal number of hours at a later date; or

            2. Receive straight time paid in cash for an equal number of hours.

               For example, overtime eligible employees who work thirty-two (32) or more hours in a week when an eight (8) hour holiday is observed will be paid straight time for the “extra” hours over thirty-two (32) and up to forty (40). If an overtime eligible employee actually works more than forty (40) hours, exclusive of the eight (8) holiday hours, time and one-half (1.5x) will be paid for those hours over forty (40).

      7. Administrative Leave
         1. Administrative leave may be authorized as directed by the SDBOR Executive Director and is granted in accordance with this policy, SDBOR Policy 4.1.11 and the SDBOR Guide to Administrative Leave.
         2. Administrative leave granted will generally be administered at the University as follows:
            1. Only leave accruing employees who are scheduled to work during the period in which administrative leave is authorized are eligible for paid administrative leave.
            2. Administrative leave is prorated based upon % time and must be recorded in accordance with the employee’s regularly scheduled hours.
            3. In the event that administrative leave is granted in less than full workday increments, the leave shall be recorded for the number of hours granted, and the remainder of the day will be recorded as regular hours worked or as an appropriate leave type.
            4. Employees may not receive more than forty (40) hours of administrative leave per week.
            5. Employees required to work so essential functions can be performed must report to work at prearranged worksites, unless otherwise instructed. These employees will be determined and notified by the University President, or designee. If the location has been administratively closed, those employees that are required to report to work will receive payment for the administrative leave hours (at a straight rate) plus the hours they were required to work. In all other instances, employees will receive pay at their regular rate for the hours worked.
      8. Inconvenience Pay
         1. Overtime eligible employees, with the exception of employees covered by law enforcement civil service, who have fulfilled both of the following conditions are guaranteed a minimum of three (3) hours pay regardless of the hours actually worked if:
            1. The employee has completed the normal shift and left the work place; and
            2. The employee is unexpectedly required to return to work.
         2. Employees who are called in prior to the beginning of their scheduled shift and are allowed to continue working through the shift are ineligible for inconvenience pay. Only the hours actually worked are used in the computation of overtime.

         3. Up to three (3) hours of inconvenience pay hours (not actually worked) will be compensated as straight time and will not be used to calculate overtime. For example, if an overtime eligible employee has worked forty (40) hours, is unexpectedly called back to work, and works for an additional one (1) hour, the employee is paid as follows:

            Hours Worked                                                  41

            Inconvenience pay hours at straight time      2

            If the employee is on-call and the on-call hours are compensable as hours worked, inconvenience pay is not required.

         4. Inconvenience pay does not apply if the employee is not required to actually leave their residence for the work site. For example, employees who can deal with a problem on the phone without leaving their residence are ineligible for inconvenience pay. However, the time spent at their residence dealing with the problem is considered hours worked.
      9. On-Call Time
         1. Employees may be required to report to work in their off hours on short notice. If calls to perform work are so frequent or the readiness for work conditions are so restrictive that the employee is not free to use the intervening periods effectively for their own benefit, the time must be considered hours worked.
         2. Time spent on-call is considered hours worked if the employee is required to remain on the employer’s premises or at a location specified by the employer. When employees are called out on a job assignment, only the time actually spent working is considered as hours worked. Inconvenience pay for up to three (3) hours may be required. Employees who live at the work site are ineligible for inconvenience pay. If an employee is issued an electronic communication device, the issuance does not qualify on its own as compensable on-call time.
      10. Electronic Access
          1. Except with prior approval, overtime eligible employees may not access SDBOR or University electronic systems or email while they are not at work. Use of remote email or other electronic systems is an obligation to compensate. If an overtime eligible employee does utilize email or other electronic systems remotely, they are required to record their time and enter it into the University approved timekeeping system.
      11. Job Related Training
          1. Attendance at conferences, workshops, meetings, or classes is considered hours worked if the State pays travel expenses, registration fees, or tuition or if the employee is not required to take annual leave or leave without pay or to adjust the work schedule. This policy applies to any training for which the State pays, including night classes and continuing education at the University or adult education classes sponsored by high schools, unless all of the following conditions are met:
             1. Attendance is outside of the employee’s regular working hours;
             2. Attendance is in fact voluntary and not directed by the employee’s supervisor;
             3. The course, lecture, or meeting is not directly related to the employee’s job; and
             4. The employee does not perform any productive work during such attendance. If all of the criteria are met, the training need not be considered hours worked.
          2. Reduced tuition allowed by SDCL 3-20 does not constitute proof of job relatedness for purposes of determining whether such training should be considered as hours worked.
      12. Travel Time
          1. Time spent in travel will be considered hours worked. Layovers at airports where the employee is not free to pursue personal interests is also included as time spent in travel and considered hours worked. Actual meeting time outside of the normal work schedule is also considered hours worked.
          2. Hours in which employees are free to do as they please and time spent relaxing and sleeping are not considered hours worked.
          3. Social activities at conferences outside of normal working hours are not considered working time unless the employee has been directed by management to attend the activity for the purpose of hosting guests or fulfilling a work-related function. For example, if management has directed an employee to coordinate and host a banquet as part of the University’s obligation at a conference, those hours are considered hours worked. If an employee chooses to attend a banquet at a conference and does not have an assigned role, the hours are not compensable.
      13. Recordkeeping
          1. All overtime eligible employees will complete accurate records of hours worked and leave time taken. The records will reflect the date, number of hours worked, and leave time taken for each pay period.
              
   3. Employees Ineligible for Overtime
      1. Employees who are exempt from the overtime requirements of the FLSA are ineligible for compensatory time.
      2. Leave Time
         1. Employees who are ineligible for overtime compensation are expected to be available to the public, co-workers and subordinates to provide assistance and guidance on policy problems and questions.
         2. Employees who are ineligible for overtime are not required to take annual, sick, paid family leave, bereavement leave, military, or court and jury leave for absences of less than a full day except as may be applicable when annual, sick, or paid family leave is used as family medical leave. If the employee is absent from the job for a full day during the pay period, some type of leave must be taken, unless prior approval for a leave of absence is obtained.
         3. Employees must continue to obtain approval from their supervisor prior to an absence from work. Supervisors are expected to set the normal working hours and approve time away from the job for employees ineligible for overtime, regardless of whether leave must be taken. Employees and supervisors should keep in mind when requesting and approving time away from the job that such employees are compensated not for the amount of time spent on the job, but rather for the general value of services performed. Before time away from the job is approved, supervisors and employees are expected to ensure that the needs of the public and other employees who rely on them can reliably be met.
      3. Holiday Pay
         1. Non-overtime-eligible employees who work at least one (1) shift or are on paid leave during the calendar week in which the holiday falls are eligible for holiday pay. For payroll purposes, a holiday is no more than eight (8) hours. An employee who is on leave without pay for the entire week when a holiday occurs will not receive holiday benefits. Employees who are newly hired into the system and who begin work the day after the holiday will not receive the holiday pay hours.
      4. Recordkeeping
         1. All employees will submit complete accurate leave records. The records will reflect the date and type of leave time taken for each pay period.
             
3. Procedures
    
   1. An employee’s overtime eligibility is initially determined in accordance with their employment duties by the Office of Human Resources, in compliance with this policy and state and federal law, and then periodically reviewed.
       
   2. Employees will accurately document their work hours in the University approved timekeeping system. Overtime eligible employees will receive approval of any overtime hours by their direct supervisor prior to actually working the hours.
       
   3. The employee’s supervisor, or designee, is responsible for reviewing the employee’s timesheet and approving the working hours in accordance with applicable state and federal regulations.
       
   4. Supervisors will not direct, whether explicitly or implicitly, employees to keep inaccurate timekeeping records (i.e., to withhold working hours from their timesheet).
       
   5. Violations of this policy may result in disciplinary action, up to and including termination.
       
   6. Any suspected violations of this policy should be reported to the Office of Human Resources immediately. Employees who report violations of this policy will not be subjected to retaliation by the University for doing so.

4. Responsible Administrator

   The Director of Human Resources, successor, or designee is responsible for annual and ad hoc review of this policy and its procedures. The University President is responsible for the approval of this policy.

Approved by President on 12/16/2016. Revised; Approved by President on 10/06/2020. Revised; Approved by President on 09/15/2022. Revised; Approved by President on 05/15/2023. Revised 01/29/2024 (clerical). Revised 08/05/2024 (clerical).

Sources: ; SDBOR Policies and ;