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Policies and Regulations

REGULATION TITLE: Overtime

APPLIES TO: Non-Exempt Staff

ADMINISTRATIVE AUTHORITY: Office of Human Resources

APPROVED BY: Board of Regents

EFFECTIVE DATE: June 12, 2026

NEXT REVIEW DATE: June 12, 2028

REGULATION STATEMENT:

Kentucky State University (KSU) compensates employees for every hour worked and observes all requirements of the Fair Labor Standards Act (FLSA) and pertinent Kentucky labor statutes. Non-exempt employees who physically work more than forty (40) hours in a designated workweek are entitled to overtime pay. This regulation establishes (1) KSU's definition of overtime, (2) the conditions under which overtime work may be authorized, and (3) the responsibilities of employees and supervisors to ensure accurate timekeeping and lawful compensation.

DEFINITIONS:

Exempt Employee

An individual whose position meets one or more exemption tests under the FLSA (executive, administrative, professional, etc.) and is therefore not eligible for overtime pay.

Non-Exempt Employee

An individual in a position classified as non-exempt under the FLSA; such employees are eligible for overtime pay.

Overtime

All hours actually worked by a non-exempt employee in excess of forty (40) during a single workweek.

Overtime Rate

One and one-half (1.5) times the employee's regular hourly rate, calculated in accordance with the FLSA.

Workweek

For KSU payroll purposes, the seven-day period that begins at 12:00 a.m. on Sunday and ends at 11:59 p.m. on Saturday.

PROCESS:

Position Classification

• The Office of Human Resources (HR) evaluates each new or restructured position to determine FLSA exemption status.

Authorization to Work Beyond Scheduled Hours

• Routine workloads should be completed within the standard work schedule.
• Non-exempt employees may work additional hours only with prior approval from the Vice President of Finance and Administration/CFO and the University President.
• Working unauthorized overtime may result in corrective action; however, all hours worked must still be recorded and compensated.

Recording Time Worked

• Employees must accurately record start time, end time, and any unpaid meal periods in KSU's time-management system for each workday.
• Supervisors must review and certify the accuracy of time records before payroll processing.

Calculation of Overtime Pay

• Only hours the employee is actually engaged in work count toward the forty-hour threshold.
• Paid leave (holiday, vacation, sick, personal, etc.) and other non-work hours are excluded from the overtime calculation.
• Each workweek stands alone; hours from different weeks may not be averaged.

Payment of Overtime

• Earned overtime is paid in the next regular payroll cycle at one and one-half (1.5) times the employee's regular hourly rate.

• KSU does not allow compensatory-time accrual in lieu of cash overtime unless specifically authorized by the President or their designee and when permitted by law.

Responsibilities

• Employees: Track and report all hours worked; obtain advance approval for overtime when feasible.
• Supervisors: Plan staffing to minimize overtime costs; approve overtime only when necessary and with prior approval from the Vice President of Finance and Administration/CFO and the University President; monitor compliance with this regulation.

REFERENCES AND RELATED MATERIALS:

• Fair Labor Standards Act of 1938, as amended
• 29 C.F.R. Part 778 – Overtime Compensation
• Kentucky Wage and Hour Laws (KRS 337)
• KSU Payroll and Timekeeping Procedures

CONTACTS:

HISTORY: