Overtime/Compensatory Time Off (CTO)

 

 

  • Overtime is only available for employees classified as non-exempt for purposes of compliance with the FLSA requirements for payment of overtime.
  • Overtime is defined as authorized paid time worked in excess of forty (40) hours in a workweek of seven (7) consecutive twenty-four (24) hour periods.
  • Overtime rules differ by collective bargaining agreement. Please see below for overtime rules specific to your bargaining contract.
  • OTPR: Overtime, Premium Rate - Overtime that is paid at the premium rate. Hours worked in excess of 40 is considered OTPR
  • OTST: Overtime, Straight Time - Employees who are regularly scheduled less than 40 hours a week are paid their standard rate for hours worked over their regular schedule (up to 40 hours).

Examples:

A full-time non-exempt employee works an additional 5 hours over the course of a week. The time would be reported as 5 hours of OTPR.

A part-time non-exempt employee who usually works 24 hours a week is schedulde for an additional 6 hours over the course of a week. The time would be reported as 6 hours of OTST.

A part-time non-exempt employee who usually works 32 hours a week is scheduled an additional 10 hours for the week. The time would be reported as 8 hours of OTST and 2 hours of OTPR.

A full-time exempt employee works an additional 8 hours over the course of a week. Time would not be reported, as Exempt employees do not earn overtime.

  • CTO (Compensatory Time Off) is time that you earn that may be used at a later date.
  • CTO is only available for employees classified as non-exempt for purposes of compliance with the FLSA requirements for authorization of overtime.
  • CTO is defined as authorized unpaid time worked in excess of forty (40) hours in a workweek of seven (7) consecutive twenty-four (24) hour periods.
  • CTO balances will be paid to the employee upon time of separation or if the employee moves to a classification that does not earn/use CTO.

CTPR vs CTST

  • CTPR: Compensatory Time Off Premium Rate - CTO that is credited at the premium rate. Hours worked in excess of 40 is considered CTPR
  • CTST: Compensatory Time Off, Straight Time - Employees who are regularly scheduled less than 40 hours a week are credited their standard rate for hours worked over their regular schedule (up to 40 hours).

 

Overtime/CTO is reported on an Authorization for Extra Hours (OT/CTO) form found on the Payroll website.

  • Please fill out ALL sections, including Pay Period, Home Dept ID, Employee Rcd and Union Code
  • Enter the date/time overtime was earned
  • Enter the leave type you are requesting. Overtime (OTPR/OTST) / CTO (CTPR/CTST)
  • Enter the actual amount of hours worked. Do not project overtime/CTO. For example, enter 1 hour worked, not 1.5 hours earned.
  • Enter the reasoning for the extra hours worked.
  • Sign and date the form
  • Submit the form to your supervisor, who will certify the timesheet, submit it for HEERA authorization, and finally turn it in to the department timekeeper to key into the Time & Labor pay module.
  • The timekeeper will then submit the timesheet to Payroll for final processing.

Overtime is generally paid on the 15th of each month, following the month it is earned. If the 15th falls on the weekend or a holiday, the pay date will change to another day. Please see the Payroll website for current month calendar dates

CTO submitted for a prior month is processed and added to your balance when Payroll finalizes all Absence entries for that month. This generally occurs around the 11th of each month, following the month it is earned.

Per the CSU/CSUEU Collective Bargaining Agreement, Article 19

19.1 Overtime is defined as authorized time worked in excess of forty (40) hours in a workweek of seven (7) consecutive twenty-four (24) hour periods.
For employees assigned to a five (5) day per week schedule of forty (40) hours or less or a 4/10 work schedule, the work week shall begin at 12:01 a.m. on Sunday and end at 12:00 midnight the following Saturday. For employees assigned to a 9/80 or a 3/12 work schedule, the work week shall begin at the midpoint of an employee’s scheduled eight (8) hour day and end at the same time seven (7) consecutive twenty-four (24) hour periods later.

19.2 For the purposes of administering a 3/12 work schedule, overtime shall be defined as time worked in excess of eighty (80) hours within a fourteen (14) day schedule. The schedule period shall begin at 12:01 a.m. on Sunday and shall end at 12:00 midnight on the second succeeding Saturday.

19.3 Overtime shall be compensated in cash or in compensatory time off (CTO) as determined by the President and shall be paid only as provided in Appendix C of this Agreement, consistent with the provisions of the Fair Labor Standards Act (FLSA). The salary stipend (provisions 20.27-20.29) shall be included in base wages for determining compensation for overtime earned during the stipend period. Employees eligible to receive overtime shall be compensated at the rate of one and one-half times their hourly straight time rate.

19.4 Overtime shall be authorized and assigned by the Appropriate Administrator.

19.5 If, as the result of an overtime assignment, a non-exempt employee will not have an eight (8) hour rest period from the end of an overtime assignment until the beginning of the next regularly scheduled work shift, the employee may request to report to work at the completion of the eight (8) hour rest period. Prior to the assignment it shall be arranged between the employee and the Appropriate Administrator whether the employee may:
a. Take the time off at the beginning of the next work shift; or
b. Take the time off at the end of the shift; or
c. Work the entire shift; or
d. Change the employee’s start time for that day until eight (8) hours after the completion of the overtime assignment and then working the number of hours the employee is normally scheduled to work.
If the employee takes the time off at the beginning or end of the shift pursuant to 19.5 (a) or (b) above, the employee has the option of using any accrued leave credits for the hours missed or taking off the hours missed as noncompensable time off the clock and, therefore, reducing the number of hours worked pursuant to provision 19.1.

19.6 Paid holiday, paid sick leave, and paid vacation time shall be counted as time worked for purposes of this Article.

19.7 The only official methods for the computation and accumulation of overtime are those provided in this Article. All hours worked, including overtime, are to be reported monthly on the appropriate payroll forms.
The Appropriate Administrator shall endeavor to equalize the overtime work among all qualified employees in the appropriate classification who have expressed interest in overtime work. Advance notice of overtime opportunities shall be provided to all qualified employees whenever possible. An employee shall be required to work overtime if no qualified volunteer is available.

19.8 All employees shall be classified as either exempt or non-exempt for purposes of compliance with the FLSA requirements for payment of overtime or compensatory time off (CTO).
Compensatory Time Off (CTO)

19.9 Requests for scheduling CTO shall be submitted to the Appropriate Administrator at least seven (7) days in advance. CTO shall be scheduled and taken only as authorized by the Appropriate Administrator.

19.10 When possible, the scheduling of earned CTO shall be by mutual agreement of the employee and the Appropriate Administrator. Upon reasonable notice to the employee, the Appropriate Administrator may direct the employee to take earned CTO.

19.11 CTO should be taken within the year it is earned whenever possible. If an employee has been unable to take their CTO and has a CTO balance in excess of one hundred twenty (120) hours as of December 31, the employee shall be paid in cash for all hours in excess of one hundred twenty (120). Such payment shall be made by February 1 of each year.

19.12 Upon request of the employee, the Appropriate Administrator shall provide an accounting of the employee's CTO balance.

19.13 When an employee is separated from service, the employee is entitled to a lump-sum payment for any earned CTO by reason of previous overtime worked.

19.14 Overtime eligibility and overtime rates shall be by classification. Such eligibility and overtime rates by classification are listed in Appendix C and incorporated by reference.
Extended Work Hour Meal Allowance

19.15 When an employee is required to work two (2) or more hours before or after a regularly scheduled workday, the employee may claim the cost of each meal up to the maximum of fifteen (15) dollars. All claims for extended work hour meal reimbursements must be supported by a receipt and shall be submitted within thirty (30) calendar days. The time taken to consume the meal will not be included in the computation of extended work hours for the purpose of this allowance.
An employee shall not be required to interrupt their work to consume the extended work hour meal. Extended work hour meals may be taken before, after or during the extended work hour period. This provision shall not apply to employees receiving a per diem rate.

19.16 Overtime shall not include time spent in travel to and from the work site except as provided for in Article 22, Professional Development.

Call-Back
19.17 Call-back work is work performed at a time outside of and not continuous with an employee's regular work schedule. A non-exempt employee called back to work shall receive no less than three (3) hours pay at the overtime rate unless such call-back is within three (3) hours of the beginning of the employee's next shift, in which case the employee shall only be paid for the hours remaining before the beginning of the employee's next shift.

19.18 An employee may be called back to work at the discretion of the Appropriate Administrator. The Appropriate Administrator shall endeavor to assign call-back work on a volunteer basis. If no volunteers are available, or in an emergency situation, the employee who is called back shall be required to work.

19.19 When it is necessary for exempt employees to be called back to work, the Appropriate Administrator shall authorize informal adjustments in their work hours.

On-Call Time
19.20 On-call time is time outside of an employee's regular work schedule but during which an employee must be available to report to work if deemed necessary by the Appropriate Administrator. On-call time is not compensable. If an on-call employee is contacted by an Appropriate Administrator for the purpose of performing work, then Provisions 19.17 - 19.19 shall apply.

19.21 When the CSU determines that an employee shall be placed on call, the employee may use the employee’s on-call time for the employee’s own purposes, subject to the employee being reachable by leaving a telephone and/or text number where the employee can be contacted while on call. If contacted by the Appropriate Administrator, the employee shall report to work within a reasonable period of time. On call assignments shall not be unreasonably assigned.

Per the CSU/APC Collective Bargaining Agreement, Article 28

 

28.15 Overtime is defined as authorized time worked in excess of forty (40) hours in the designated workweek.

28.16 For full-time employees in classifications listed in Appendix D, the workweek shall consist of seven (7) consecutive twenty-four (24) hour periods beginning at 12:01 a.m. on Sunday and ending at 12:00 midnight the following Saturday. The President may approve alternate workweeks of any other seven (7) consecutive twenty-four (24) hour periods. These employees shall work a minimum workweek of forty (40) hours and are eligible for overtime compensation. Authorized work may include participation in committee assignments and participation in approved career development activities.

28.17 Overtime shall be compensated at one and a half (1 1/2) times the employee's regular hourly rate.

28.18 Paid holiday, paid sick leave, and paid vacation time shall be counted as time worked for the purposes of this Article.

28.19 All overtime hours worked shall be compensated by cash or compensatory time off (CTO) as determined by the appropriate administrator. If an employee has been unable to take his/her CTO and has a CTO balance in excess of one hundred twenty (120) hours as of December 31, he/she shall be paid in cash for all hours in excess of one hundred twenty (120). Such payment shall be made by February 1 of each year.

28.20 The only official methods for the computation and accumulation of overtime in this bargaining unit are those provided in this Article.

28.21 Overtime shall be authorized and assigned by the appropriate administrator.

28.22 The appropriate administrator shall endeavor to equalize the overtime work among all qualified employees who have expressed interest in overtime work. An employee shall be required to work overtime if no qualified volunteer is available.

28.23 Requests for scheduling CTO shall be submitted to the appropriate administrator at least seven (7) days in advance. CTO shall be scheduled and taken only as authorized by the appropriate administrator. When authorized to do so by the appropriate administrator, an employee may take CTO without submitting such a request.

28.24 Upon seven (7) days’ notice to the employee, the appropriate administrator may direct the employee to take earned CTO. When possible, the scheduling of such CTO shall be by mutual agreement of the employee and the appropriate administrator.

28.25 Upon request of the employee, the appropriate administrator shall provide an accounting of the employee's CTO balance.

28.26 When an employee is separated from service, he/she is entitled to a lump-sum payment for any earned CTO by reason of previous overtime worked.

Per the CSU/Unit 6 Collective Bargaining Agreement, Article 23

23.1 Overtime is defined as authorized time worked in excess of forty (40) hours in the designated workweek.

23.2 Overtime shall be compensated in cash, or be credited as Compensatory Time Off (CTO) hours to be used at a future date in accordance with this Article, at one and a half (1½) times the employee's regular hourly rate of pay for overtime hours worked during the respective workweek period. Pursuant to Fair Labor Standards Act (FLSA) regulations and for the purposes of calculating overtime compensation, the regular hourly rate of pay shall be determined by incorporating the employee's base rate and other includable compensation earned during the respective workweek period. Such includable compensation includes but shall not be limited to shift, asbestos, and other pay differentials (if any), stipends and other items required by the FLSA to be included in the employee’s regular rate of pay used for the purpose of calculating the overtime rate.

23.3 All overtime hours worked shall be compensated by cash or compensatory time off (CTO) as determined by the appropriate administrator. When making the determination as to whether to compensate by way of cash or CTO, the appropriate administrator shall consider the business needs of the department/division including, but not limited to, budgetary factors. Administrative discretion should not be exercised on an arbitrary or capricious basis, or in any way that would constitute a breach of Article 6 (Non-Discrimination). Any allegations of discriminatory conduct pursuant to Article 6 shall be exclusively dealt with under the provisions of that Article. Such determination shall be made prior to the time an employee is requested to work overtime, if practicable. All overtime worked beyond the accrual of two hundred and forty (240) hours of compensatory time off shall be paid in cash.
Compensatory Time Off – Scheduling

23.4 Employee requests to use accrued CTO shall be dealt with in accordance with Article 16 (2)(f) (Vacation Scheduling).

23.5 Overtime for which cash compensation will be paid should be scheduled for payment in the pay period following the pay period in which the overtime was worked.

Overtime Calculation
23.6 Paid holiday, paid sick leave, paid vacation and paid CTO, when used, shall be counted as time worked for purposes of this Article.

23.7 Nothing contained in this Agreement shall be interpreted as requiring a duplication or a pyramiding of holiday, vacation, daily, or weekly overtime payments involving the same hours of work.

23.8 When an employee is separated from service, he/she is entitled to a lump-sum payment for any earned compensatory time off by reason of previous overtime worked.

No Mileage
23.9 Employees working call-back or overtime are not eligible for mileage.

Overtime Assignments
23.10 The Director of Plant Operations or the appropriate administrator shall endeavor to equalize overtime work among all employees who have expressed interest in overtime work by placing their names on an overtime list. In making each overtime assignment, the Director of Plant Operations or the appropriate administrator shall consider those employees on the overtime list who are qualified and appropriately classified for assignment.

23.11 In an “Emergency”, as defined in Provision 2.11, or when there are an insufficient number of qualified employees desiring to work overtime, employees may not decline overtime assignments.
Off-Site Non-Worktime Work

23.12 When an appropriate administrator calls an employee during his/her non-scheduled work time to perform work which can be performed by phone or computer and the employee performs
the work offsite, the employee will be paid for all time worked. The time reported must be rounded up to the nearest half-hour. The call-back provision will not apply. The hour(s) and/or partial hour(s) worked shall count as hours worked for purpose of this Article.

Call-Back
23.13 Call-back is work performed at a time outside of and not continuous with an employee's regular work schedule. An employee called back to work shall be credited with a minimum of four (4) hours work time provided that either (a) employee has been called back to work without having been notified prior to completion of the work shift or (b) the employee is notified prior to the completion of the work shift and the call-back work begins more than three (3) hours after the completion of the work shift.

23.14 An employee may be called back to work at the discretion of the appropriate administrator. In an “Emergency”, as defined in Provision 2.11, the employee who is called back to work shall be required to perform the work. When an employee is called back to work, only the hours worked shall be counted as time worked for purposes of computing overtime. The hours not worked, but credited, shall be at the straight-time rate.

Per the CSU/IUOE Collective Bargaining Agreement, Article 12

12.1 Overtime is defined as authorized time worked in excess of forty (40) hours in the designated workweek.

12.2 Overtime shall be compensated at one and one-half (1 1/2) times the employee's regular hourly rate. For purposes of calculating overtime, the regular hourly rate of pay is determined by dividing the monthly salary amount by 173.33 hours. Shift differentials shall be included in the regular hourly rate of pay. All other payments and allowances are not included in the regular hourly rate of pay.

12.3 All overtime worked shall be compensated by cash or compensatory time. Such determination shall be made prior to the time an employee is requested to work overtime, if practicable. However, all overtime worked beyond the accrual of two hundred and forty (240) hours of compensatory time shall be paid in cash.

12.4 Overtime will be credited on a one-quarter hour basis with a full quarter of an hour credit granted if half or more of that period is worked. Smaller fractional units will not be accumulated.

12.5 Paid holiday, paid sick leave, paid vacation and paid CTO, when used, shall be counted as time worked for purposes of this Article.

12.6 Nothing contained in this Agreement shall be interpreted as requiring a duplication or a pyramiding of holiday, vacation, daily, or weekly overtime payments involving the same hours of work.

12.7 When an employee is separated from service, the employee is entitled to a lump-sum payment for any earned compensatory time by reason of previous overtime worked.

12.8 The scheduling of CTO shall be by mutual agreement of the employee and the appropriate administrator. When an employee’s CTO balance is over one hundred eighty (180) hours and mutual agreement is not possible, the appropriate administrator may direct the employee to take earned CTO provided that seven (7) days’ notice is provided to the employee.

12.9 Overtime for which cash compensation will be paid should be scheduled for payment in the pay period following the pay period in which the overtime was worked.

12.10 The appropriate Cal Maritime administrator shall assign overtime work. The appropriate Cal Maritime administrator shall endeavor to equalize overtime work among all employees who have expressed interest in overtime work by placing their name on an overtime list. In making each overtime assignment, the Cal Maritime administrator shall consider those employees on the overtime list who are qualified for the assignment.

12.11 In emergency situations or when there are an insufficient number of qualified employees desiring to work overtime, employees may not decline overtime assignments.

12.12 For purposes of this Article, "emergency" shall also mean a circumstance, which requires action to preserve the basic operations of the campus.

12.13 Employees shall have an eight (8) hour rest period from the end of an overtime assignment until the beginning of the next regularly scheduled work shift, except in cases of emergency. In the event the next regularly scheduled work shift begins less than eight (8) hours from the conclusion of such an overtime assignment, the employee may report to work at the completion of the eight (8) hour rest period. The employee has the option of making up the hours missed at the beginning of the regularly scheduled shift by (1) changing his start time for that day until eight (8) hours after the completion of the overtime assignment and then working eight (8) hours, or (2) using accrued leave credits for the hours missed, or (3) taking off the hours missed as unpaid leave of absence.

12.14 In the event an employee is required to respond to work-related issues on their regularly scheduled time off via telephone or other electronic device, and the time worked for any individual occurrence exceeds fifteen (15) minutes, such time shall be counted as time worked. This time worked outside of the workplace shall not be considered call-back pursuant to Provision 12.15 below.

Call-Back
12.15 Call-back is work performed at a time outside of and not continuous with an employee's regular work schedule. An employee called back to work shall be credited with a minimum of four (4) hours work time, for call back duty at two and one-half (2 ½) times their hourly rate, provided the employee has been called back to work without having been notified prior to completion of the work shift, or the employee is notified prior to the completion of the work shift and the work begins more than three (3) hours after the completion of the work shift. When an employee is called back to work, only the hours worked shall be counted as time worked for purposes of computing overtime. The hours not worked, but credited, shall be at the one and one-half (1 ½) times the employee’s hourly rate.

12.16 An employee may be called back to work at the discretion of the appropriate administrator. The appropriate administrator shall endeavor to assign call-back work on a rotating basis from a list of qualified volunteers. If no volunteers are available, or in emergency situations, the employee who is called back to work shall be required to perform the work. When an employee is called back to work, the employee, with the permission of the appropriate administrator, or his or her designee when required, will be permitted to leave when the appropriate actions required to preserve the basic operations of the campus due to the emergency have been completed.

Per the CSU/UAW Collective Bargaining Agreement, Article 26

26.7 Overtime is defined as authorized time worked in excess of forty (40) hours in a workweek of seven (7) consecutive twenty-four (24) hour periods.

26.8 Overtime shall be authorized and assigned in advance by the appropriate administrator.

26.9 Overtime shall be compensated at one and a half times the employee’s regular rate of pay.

26.10 Paid holiday, paid sick leave, and paid vacation time shall be counted as time worked for purposes of the Article.

26.11 All overtime hours worked shall be compensated by cash.

26.12 The only official methods for the computation and accumulation of overtime in this bargaining unit are those provided in this Article