Policy Number: 07.04
Issued Date: 07/01/2006
All time during which an hourly-paid staff member is required or permitted to work is considered "hours worked" or "work time." Ordinarily, all hours from the beginning to the end of the workday or shift are considered work time - except for periods when the staff member is relieved of all duties (such as during meal periods).
It is understood that the provisions of this policy are intended only to provide a basis for calculating hours worked and should not constitute a guarantee of hours of work per day, or days of work per week or for any period whatsoever. Where a staff member's regular hours of work per week are to be changed, the staff member must be provided with 30 days written notice before this change.
- "Paid Time"
- Meal Periods & Breaks
- Overtime Pay
- Budgeted Time Off
- Work Performed Away From Duke
- Travel Time
Hours Worked That Are Considered "Paid Time"
All time during which an hourly-paid staff member is required or permitted to work is considered "hours worked" or "work time." Ordinarily, all hours from the beginning to the end of the workday or shift are considered work time – except for periods when the staff member is relieved of all duties (such as during meal periods).
Examples of work time include:
- Changing clothes at Duke if uniform or specific apparel is required by job;
- Performing charitable work if required by Duke;
- Cleaning or repairing equipment;
- Fire drills;
- Time spent with a Duke Personal Assistance Service counselor during regular working hours. Any time away from work needs to be authorized in advance by the supervisor;
- Grievance or appeal activities during a staff member’s regular work schedule (counseling, case presentation, serving as a witness, etc.);
- Make-up work time (such as in the case of Severe Weather); and
- Meal periods when staff are not free from all work activities.
Hours Worked That Are Not Considered Paid Time
At Duke, examples of non-work time include:
- When staff change clothes - if the change is for the staff member’s convenience or occurs before arriving at the workplace;
- When staff perform charitable work voluntarily outside of working hours;
- When staff take meal periods that are free of all work activities;
- When staff voluntarily participate in training programs that are unrelated to regular duties and that involve no productive work.
Duke uses the following terms to set the definitions for its employment expectations:
"Hours worked" represents all of the time that an hourly-paid staff member "is authorized to work" – no matter where the work occurs (i.e. at the normal work station, at home, etc.) Hours worked include all responsibilities as defined by a supervisor.
The "workday" is a 24-hour period beginning at 12:01 a.m. and ending at midnight the following day.
Duke's "work schedule" is defined as the many functions that must be performed or fulfilled by members of the Duke community 24-hours-a-day, seven-days-a-week. The majority of work schedules are based on an 8-hour, 10-hour, or 12-hour workday, or on a 40-hour workweek or through an 80-hour biweekly pay period. Supervisors arrange staff work schedules when staff begin their service at Duke. Supervisors must provide staff with 30 days advanced notice before permanently changing existing schedules.
Duke's "workweek" is the seven consecutive 24-hour periods or workdays beginning at 12:01 a.m. on a Monday and ending at midnight on the following Sunday.
When severe weather requires a staff member to leave work early or prevents a staff member from reporting to work, lost time is not counted as work time. Time lost due to severe weather must be made up within three months or can be charged to a staff member's vacation, holiday, or PTO account or as leave without pay (or any combination of these). Please see this manual's section on "Workplace Expectations and Guidelines" for further information on this issue. In order to avoid overtime liability, make-up time must be done during the week in which it is missed or during the weeks when the staff member uses sick, vacation leave, or PTO.
When staff performing non-exempt work are scheduled for a full day of service, an unpaid meal period of at least 30 minutes should be scheduled. During this time the staff member cannot be required to continue to perform job duties unless he or she is to be paid for the work time. Because of overtime guidelines, staff need permission from their supervisor to continue to work during the meal period.
Break periods are not required by the Fair Labor Standards Act (FLSA). However, as operational requirements permit and working conditions warrant, a 15-minute paid break is encouraged during any work period of four consecutive hours. Break periods enhance productivity by providing an opportunity for staff to refresh and refocus. Break periods are counted as work time.
In some departments breaks are scheduled by the supervisor while in other areas they may be taken at the staff member’s discretion. Break periods may not be combined with the meal period or with another break period nor may they be used in order to report to work late or leave early. Breaks can also not be used in conjunction with any type of leave. Break periods may not be accrued. If breaks are not taken during specified time frames, they are lost.
Compensation for overtime work will be calculated according to one of three options. The overtime option applied to current staff is noted on the Gross Pay and Distribution Report attached to the staff member's paycheck. For new hires, the overtime option needs to be designated on the New Hire Form. Supervisors should discuss with staff which option is applicable. In the event the overtime option is to be changed, a 30-day notice to the staff member is required. Supervisors may contact Rewards & Recognition for further guidance on this matter.
Overtime Eligibility Table for Hourly-Paid Staff
|Overtime Designation||Overtime Eligibility||Comments|
|Overtime Option 1: 8 and 40. For daily and weekly overtime eligibility.||When a staff member works beyond eight hours in a shift, compensation for all qualifying overtime hours in excess of eight hours in a day or 40 hours in a week (whichever is greater) is made at one-and-one-half times the staff member's base hourly rate.|
|Overtime Option 2: 8 and 80. For daily and pay period overtime eligibility.||When a staff member works beyond eight hours in a shift, compensation for all qualifying overtime hours in excess of eight hours in a day or 80 hours in a pay period (whichever is greater) is made at one-and-one-half times the staff member's base hourly rate.||This method applies only to health system staff on 14-day work schedules.|
|Overtime Option 3: 40 only. Weekly overtime eligibility.||Compensation for all qualifying overtime hours (over 40) in a workweek is made at one-and-one half-times the staff member's base hourly rate.||Students and staff occupying positions assigned to Job Family 05 (Research Technology) must be paid overtime according to Option 3. Staff with 10 or 12- hour work schedules must be assigned to Overtime Option 3.|
Hours spent in the following activities are considered work time for purposes of determining qualifying overtime hours:
- Attendance at authorized meetings.
- Attendance at training classes related to the staff member's work where attendance is required or where work is performed.
- Holidays, including discretionary holidays, or a staff member's elected day off due from holidays previously worked.
- Donation of blood to a University sponsored blood program.
- Election time off.
The following hours are not considered in determining qualifying overtime hours:
- Sick Leave
- Jury Duty
Overtime should be distributed among staff members in the same classification and work area as equitable as is practical within a calendar year.
For university staff, overtime hours may not be pyramided. If overtime pay is applicable to hours worked under any two (2) or more provisions of this policy, only the single highest overtime payment will be paid. For health system staff, special pay premiums such as third-shift differential, weekend differential, stand-by, call-in, etc. are paid on overtime hours for eligible staff.
Overtime hours worked must be recorded on the staff member's time report. However, the supervisor may grant budget time off within the same pay period to offset the overtime hours worked. Such budget time off should be scheduled at a time mutually agreeable to both the supervisor and the staff member.
Hours worked, however, must be accurately recorded on the time report on the day they are actually worked. Budget time off must be scheduled in accordance with the staff member's overtime option (see Overtime Pay above).
Note: Staff who work overtime and receive budget time off will not work their normal number of hours for the pay period. Therefore, vacation and sick leave accruals may be affected.
- Budget Time Off with Overtime Method I (hours in excess of eight (8) hours in a day or 40 hours in a work week).
- If a staff member works over eight (8) hours in a day, the department may schedule time off without pay within the same pay period to offset the overtime pay. If the hours worked will result in overtime hours over 40 hours in a workweek but not in excess of eight (8) in a day, such as a scheduled Saturday, adjustments within the same week may be made prior to the overtime hours worked.
- The department may schedule time off on an hour-for-hour basis prior to the overtime hours and avoid overtime liability since the staff member will not actually work over 40 hours.
- Budget Time Off with Overtime Method II (hours in excess of eight (8) hours in a day or 80 hours in a 14 day period).
- If a staff member works over eight (8) hours in a day, the department may schedule time off without pay within the same pay period to offset the overtime pay. If a staff member works over 80 hours in a fourteen (14) day period, no budget time off may be granted since University policy requires such time off without pay must be within the same pay period.
- Budget Time Off with Overtime Method III (hours in excess of 40 hours in a week).
- If a staff member works over 40 hours in a week, budget time off without pay may be granted in the second week of the pay period.
Hourly-paid staff are generally required to perform their work assignments on Duke premises. Limited exceptions to this policy may be requested from the department head or his/her designee. A staff member should not perform work away from Duke (e.g., performing work at home) without written authorization from the department supervisor prior to performing the work. In the event authorized work away from Duke is required, such time is considered hours worked. Both the supervisor and the staff member have a shared responsibility to ensure that work performed away from Duke is done with prior written authorization.
Under the provisions of the Fair Labor Standards Act, travel time is considered work time for the purposes of both hourly wage and overtime computation as outlined below.
Travel Time Guidelines for Hourly-Paid Staff
Whether or not time spent in travel is considered hours worked is determined on a case-by-case basis. However, normal travel from home to work before reporting time and return home at the end of the workday is not considered hours worked.
Time spent by an hourly-paid staff member in travel as part of his or her normal activities – such as travel from job site to job site during regular working hours – is considered hours worked. If a staff member is required to travel to another city and return home all in one day, the travel time to and from the other city is considered work time. However, if the staff member uses public transportation, the travel time between the staff member's home and the point where he or she obtains this transportation (i.e. bus station, airport, etc.) is not considered hours worked. Meal periods would not be counted as hours worked if the requirements outlined under meal periods (see Meals and Breaks) are met.
Travel Away From the Home Overnight on a Work Day
Travel time involving a required overnight stay is viewed as work time only when it is during the staff member's regular workday. That is, the staff member is simply substituting travel for his or her regular at-work duties. However, travel time that is outside of normal working hours is not considered work time.
Travel on a Non-Work Day
If a staff member regularly works from 8 a.m. to 5 p.m., Monday through Friday, traveling during the same hours on Saturday and/or Sunday would be considered work time as well. The usual meal period would not be considered work time however if the requirements outlined under meal periods and breaks (see Meals and Breaks) are met. Time spent in travel away from home outside of regular work hours is not considered work time. Any work that a staff member performs while traveling must, of course, be counted as hours worked even if these hours are outside his or her normal work schedule.
|Regular Work Hours||Travel Day||Travel Time||Travel Time Paid|
|8 a.m. to 5 p.m., Monday - Friday||Wednesday||9 a.m. - 11 a.m.||The staff member is paid for 2 hours of travel.|
|Wednesday||6 p.m. – 8 p.m.||The staff member is not paid for travel time. The travel time falls outside the staff member’s regular work hours.|
|7 a.m. - 3:30 p.m., Monday –Friday||Saturday||2 p.m. -5 p.m.||The staff member is paid for travel time from 2 p.m. to 3:30 p.m. but is not paid for travel time from 3:30 p.m. to 5 p.m.|
Performing Required Work While on a Business Trip
When an hourly-paid staff member does any work for Duke while traveling, all such time is considered work time. Thus, for example, travel time is work time when a staff member is required to drive a car, transport equipment to a worksite, or report into work before traveling.