The College seeks to pay faculty and staff for time worked in accordance with applicable federal and state law; therefore, the college implements a uniform system for compensating for time worked for both exempt and non-exempt positions.
 

 

NOTE:  This procedure applies to benefited employees only.  For non-benefited employees, see Procedure 7.3.1.2 Hours Worked and Compensable Time - Non-Benefited Employees.

A.  The Director - Human Resources is responsible for developing, deciding upon, and maintaining accurate records of FLSA status determinations.
B.  The Payroll and Benefits office is responsible for administering time through the college’s payroll system to ensure compliance with this procedure.
C.  The Payroll and Benefits office is responsible for recordkeeping for time worked and time compensated. 

A.  On-Call Status  

An employee is considered on-call when all of the following conditions are met:

1.  The supervisor must approve the period of time the employee is on call, and must make that determination prior to the on-call time.  The supervisor also must approve the method of communication that will be used to contact the employee when bringing the employee to work.  Finally, the supervisor must agree to the length of time the employee has to report to work upon being contacted to come to work if onsite work becomes required for the employee.
2.  The employee cannot be on call while on leave.
3.  An employee in “on-call status” must be available at all times they are on call and must be able to be contacted at all times using the method agreed upon with their supervisor (text, phone, etc.).
4.  An employee in “on-call status” must be able to perform work at all times when contacted, and be able to safely travel to work should onsite work be required.

A.  FLSA Status Determination

1.  Each position is evaluated and assigned a FLSA status of either exempt or non-exempt for the purpose of overtime compensation eligibility and method of compensation (hourly vs salary). 
2.  The Director - Human Resources reviews job descriptions to evaluate FLSA classification status based on the tests and standards established with the FLSA and any other applicable regulation. 

B.  Benefitted non-exempt Employees

1.  Break Time

Although breaks are not legally required, CWC recognizes the need to have breaks during a workday. Employees may take breaks in coordination with their supervisors.

2.  Meal Periods

a.)  Non-exempt employees are provided with a regular meal period of at least 30 minutes within an eight-hour workday. Meal periods are scheduled with the employee’s supervisor. 
b.)  Meal periods are generally not considered time worked and employees are not compensated for mealtime; however, if the employee’s work schedule requires that the employee be on-duty during the meal period, the time is considered hours worked and the employee is compensated for the meal period. 

3.  Travel Time

a.)  Overnight Travel

(1)  Travel time within normal work hours

(a)  Any portion of authorized travel time that takes place within normal work hours on any day of the week, including Saturday and Sunday, is treated as work hours. Travel time within normal work hours will be paid at the employee’s regular hourly rate and will be factored into overtime calculations.
(b)  When an employee travels between two or more time zones, the time zone associated with the point of departure should be used to determine whether the travel falls within normal work hours.

(2)  Travel time outside of normal work hours

(a)  When a non-exempt employee is required to travel as a passenger in an automobile, plane or any other mode of transportation outside of normal work hours, the time is not compensable unless the employee is performing work while traveling that is required by their supervisor. 
(b)  When an employee travels between two or more time zones, the time zone associated with the point of departure should be used to determine whether the travel falls outside of normal work hours.

(3)  Travel time as the driver of a vehicle

(a)  All authorized travel time spent driving a vehicle is compensable time.
(b)  If an employee drives a car as a matter of personal preference when an authorized flight or other travel mode is available, and the travel time by car would exceed that of the authorized mode, only the estimated travel time associated with the authorized mode will be eligible for compensation.

b.)  One day assignment

When an employee who regularly works at a particular location and travels on a special one day assignment to another location and returns home the same day, the time spent in traveling to and from the other location is time worked and is compensable. This travel time will be factored into overtime calculations and is calculated as the shorter of these two times:

1.  Time to travel from the employee’s home location to the location of the day assignment; or
2.  Time to travel from the employee’s standard work location to the location of the one day assignment.

4.  Waiting Time

When a non-exempt employee arrives to work when required by their supervisor and waits until work commences, this time is compensable. When a non-exempt employee arrives prior to the required start time, and must wait for work to commence, this time is not compensable.

5.  On-Call Time

a.)  Certain non-exempt employees may be required to be in an on-call status.
b.)  On-call periods are 24-hour blocks of time, scheduled by the supervisor, and acknowledged by the employee.
c.)  An on-call employee must be reachable by the communications agreed to with their supervisor, and capable of responding to the call and being onsite within the time agreed to with their supervisor of when the notification is sent.
d.)  Eligibility for on-call status will be included in the job description.
e.)  Compensation for on-call

(1)  Most non-exempt on-call employees will receive a flat rate fee, determined annually by the Chief Administrative Services Officer, per on-call period they perform.  The Chief Administrative Services Officer must list in the associated process for this procedure any non-exempt positions that may be required to be on-call but not eligible for the flat rate fee.
(2)  When responding to calls outside of normal working hours, non-exempt employees will be compensated at their normal hourly rate for all time spent responding to calls, plus transit time. (Maximum transit time shall be calculated as if the employee received notification at the employee’s home of record.)
(3)  There shall be a minimum time compensated when a non-exempt employee responds to a call.  The Chief Administrative Services Officer must list in the associated process for this procedure that minimum time compensated.
(4)  Hours incurred in transit and responding to calls shall count as hours worked for the purpose of calculating overtime.  

f.)  If, due to unforeseen circumstances, an on-call employee is unable to meet the requirements of on-call status, they must notify their supervisor as soon as possible.

6.  Training Time 

Approved attendance at lectures, meetings, training programs, and/or other similar activities is generally considered hours worked. 

7.  Overtime

a.)  Overtime is defined by the State of Wyoming.
b.)  Only non-exempt employees are eligible for overtime pay.
c.)  Overtime hours are paid at the overtime rate of one and one-half the employee’s regular rate of pay.
d.)  No overtime hours are to be worked without prior authorization from the employee’s immediate supervisor, or designee.
e.)  Overtime eligible employees will be paid  for overtime by default. If an employee prefers compensatory time over payment, the employee may request to receive compensatory time.
f.)  The standard work week for purposes of calculating overtime is Sunday morning from 12:00 A.M. to the immediately following Saturday evening at 11:59 P.M.  Any other overtime calculation time-period shall be approved by the Director – Human Resources.

8.  Compensatory Time

a.)  Only non-exempt employees are eligible for compensatory time
b.)  Compensatory time is calculated using any hours worked more than 40 in a workweek at the rate of one and one-half hours of compensatory time for each overtime hour worked.
c.)  The maximum compensatory time which can be earned in any one fiscal year is 240 hours under limits set by federal regulations.
d.)  Compensatory time earned is approved and scheduled at the mutual agreement upon employee and supervisor. 
e.)  Compensatory time earned shall be taken by June 30 of the current fiscal year.
f.)  Unused compensatory time balance in the employee's leave bank as of the June pay period will be paid out with the June payroll. 

9.  Holiday Time

a.)  Non-exempt employees who are required to work on a college holiday, per the holiday schedule approved by the board of trustees, will be paid two times their normal hourly rate for any time worked on the holiday. 
b.)  If overtime is worked, the overtime calculation will be based on the employee’s normal base rate of pay, not holiday pay. 

10.  Non-scheduled Campus Closures - There are times when the college is closed unexpectedly (e.g. weather closures).  

a.)  College administration must make clear, when the college is closed, which employees are required to come to campus and which are required to not come  to campus.
b.)  CWC positions will be designated either “able to work offsite” or “unable to work offsite” by the position Supervisor, HR or the position description.
c.)  Employees not required to come to campus due to a non-scheduled campus closure and are in a position designated:

(1)  “able to work offsite” must work from off-campus.  If for some reason they are unable to do so, they must take leave for that day.
(2)  “not able to work offsite” are not required to work from offsite.  These employees will still be paid for any scheduled work hours while they are required not to come onsite

d.)  Any leave already scheduled and approved during a time when the campus is unexpectedly closed is still charged against the employees leave balance, unless the employee received supervisor approval to work that day.

C.  Benefitted exempt Employees (In general, exempt employees are paid to accomplish their job functions and are not compensated on the basis of time.  They receive a salary as compensation.)

1.)  Break Time - CWC does not define break time for exempt employees.
2.)  Meal Periods - CWC does not define meal periods for exempt employees.
3.)  Travel Time - CWC does not define travel time for exempt employees.
4.)  Waiting Time - CWC does not define waiting time for exempt employees.
5.)  On-Call Time

a.)  Certain exempt employees may be required to be in an on-call status.
b.)  On-call periods are 24-hour blocks of time, scheduled by the supervisor, and acknowledged by the employee.
c.)  An on-call employee must be reachable by the communications agreed to with their supervisor, and capable of responding to the call and being onsite within the time agreed to with their supervisor of when the notification is sent.
d.)  Eligibility for on-call status will be included in the job description.
e.)  Compensation for on-call

(1)  Most non-exempt on-call employees will receive a flat rate fee, determined annually by the Chief Administrative Services Officer, per on-call period they perform.   The Chief Administrative Services Officer must list in the associated process for this procedure any exempt positions that may be required to be on-call but not eligible for the flat rate fee.
(2)  Exempt staff receive no compensation, other than the flat fee noted in III. C. 5e(1) above, for responding to calls nor transit travel time.

f.)  If, due to unforeseen circumstances, an on-call employee is unable to meet the requirements of on-call status, they must notify their supervisor as soon as possible.

6.  Training Time - CWC does not define training time for exempt employees.
7.  Overtime - Exempt employees are not eligible for overtime pay.
8.  Compensatory Time- Exempt employees are not eligible for compensatory pay.
9.  Holiday Time - Exempt employees are not eligible for additional holiday pay.  They do receive pay for the standard holiday leave.
10.  Non-scheduled Campus Closures - Same as for non-exempt employees.  See II. B. 10 above.

03/11/86 adopted; 
modified 03/13/90, effective 07/01/90; 
modified 12/18/91, effective 12/18/91;
modified 07/01/97, effective 07/01/97; 
modified 07/01/00, effective 07/01/00;
modified 02/16/11, effective 02/16/11;

This revision:  Replaces 7.3.1 completely with new title