Utah Admin. Code R477-8-4 - Overtime Standards

The state's policy for overtime is adopted and incorporated from the Fair Labor Standards Act of 1938, 29 U.S.C. 201, et seq., 29 CFR Parts 500 to 899(2002), and Section 63A-17-502.

(1) Management may direct an employee to work overtime. Management in each agency shall develop internal policies and procedures to ensure overtime usage is efficient and economical. These policies and procedures shall include:

(a) prior supervisory approval for any overtime worked;

(b) recordkeeping guidelines for any overtime worked; and

(c) verification of sufficient funding in the budget to compensate employees for overtime worked.

(2) Overtime compensation designations are identified for each job title in the human resource information system as either FLSA non-exempt or FLSA exempt. An employee may appeal the FLSA designation to the agency human resource field office. Further appeals may be filed directly with the United States Department of Labor, Wage and Hour Division. Sections 63A-17-602, 67-19a-301, and Title 63G, Chapter 4, Administrative Procedures Act may not be applied for FLSA appeals purposes.

(3) An FLSA non-exempt employee may not work more than 40 hours a week without management approval. Overtime accrues when the employee actually works more than 40 hours a week. Leave and holiday time taken within the work period are not hours worked when calculating overtime accrual. Hours worked over two or more weeks may not be averaged with the exception of certain types of law enforcement, fire protection, and correctional employees.

(4) Management shall arrange for an employee's use of compensatory time as soon as possible without unduly disrupting agency operations or endangering public health, safety, or property.

Notes

Utah Admin. Code R477-8-4

Amended by Utah State Bulletin Number 2017-14, effective 7/1/2017 Amended by Utah State Bulletin Number 2017-18, effective 8/30/2017 Amended by Utah State Bulletin Number 2018-14, effective 7/1/2018 Amended by Utah State Bulletin Number 2019-14, effective 7/1/2019 Amended by Utah State Bulletin Number 2019-23, effective 11/7/2019 Amended by Utah State Bulletin Number 2020-13, effective 7/1/2020 Amended by Utah State Bulletin Number 2021-14, effective 7/1/2021 Amended by Utah State Bulletin Number 2022-13, effective 7/1/2022