Wage / Hour Procedures

Hours Worked

This section supplements the policy on Wage Administration for Nonexempt Staff (VI.C.2). Refer to the policy for definitions of capitalized terms.

The following are general definitions of Hours Worked. Because every possible situation cannot be included, no inference should be drawn from the fact that a particular illustration is omitted. If doubt arises, inquiries should be directed to HR- Compensation, your Human Resource Business Partner or your regional campus Human Resources department.

1. Waiting Time - Whether waiting time is time worked depends upon the agreement and circumstances of the work being performed and the parties involved.
   • On Duty – Nonexempt employees engaged in waiting time while in between assignments – such as the deliverer who works a crossword puzzle while awaiting a schedule, or the maintenance worker who waits for other personnel to unlock doors – are in work status during such periods of inactivity. This time is counted as Hours Worked even though the staff member is allowed to perform non-work activities during such periods of inactivity. However, the periods during which this occurs must be unpredictable, of short duration, and of such nature that the employee is unable to use the time effectively for their own purposes.
   • Off Duty – When an employee and supervisor have agreed that the employee is completely relieved from duties (providing the relief time is long enough to enable the employee to use the time effectively for their own purposes), the time relieved is not counted as Hours Worked. The employee is free to leave the workplace, has sufficient time to use for personal reasons, and knows when to report back to work.
2. Rest and Meal Periods
   • Rest – Rest periods or “breaks” of short duration (10 to 15 minutes) twice daily are customarily practiced at the University. They promote the efficiency of the staff member and must be counted as Hours Worked. However, such rest periods must be taken at the department’s convenience and cannot be used for flextime schedules or to shorten the workday.
   • Meal – A meal period is a period of time during which the employee (1) performs no duties; and (2) is in non-pay status. A period of 30 minutes or more will qualify as a bona fide meal period. If a Nonexempt employee is granted less than a 30-minute meal period at the convenience of the supervisor or performs assigned duties during a meal period, the time for the meal period must be counted as Hours Worked.
3. Changing Clothes and Washing Time - When a Nonexempt employee is required – by law, by rules of the employer, or as an integral part of the performance of the individual’s work – to wash up and/or change clothing on the University’s premises before or after working, the time spent changing and/or washing is counted as Hours Worked. However, when an employee washes and/or changes clothing for their own convenience, or is not required by law or the employer to do so on the premises, the time spent is not counted as Hours Worked.
4. Lectures, Meetings, and Training Programs - Attendance at lectures, meetings, training programs, and similar activities need not be counted as Hours Worked if all of the following four criteria are met:
   • Attendance is outside of the employee’s regular working hours;
   • Attendance is voluntary;
   • The course, lecture, or meeting is not directly job-related and is not intended to make the employee more efficient in their present job; and
   • The employee does not perform any productive work during attendance.
5. Course Study - Time spent by a Nonexempt employee studying courses at home is not compensable under the overtime provisions of the FLSA where the study allowed the employee to advance to a new job classification and there was no requirement to take the course.
6. Medical Attention - For work-related injuries, time spent by a Nonexempt employee waiting for and receiving medical attention on the premises, or at the direction of the supervisor during the employee’s normal working hours on the days worked, constitutes Hours Worked.
7. Employee Counseling - Departments are encouraged to allow Nonexempt employees a reasonable amount of time off duty, with pay, to discuss concerns with pertinent University officials. Examples are:
   • Discussion of future job possibilities, interviewing, job evaluation, personal counseling as part of the Employee Assistance Program, or processing of complaints or grievances with Human Resources
   • Discussion of concerns relating to insurance, retirement, etc. with Human Resources
8. Sleeping Time – A Nonexempt employee who is required to be on duty for less than 24 hours is working even though they are permitted to sleep or engage in other personal activities when not busy. An employee required to be on duty for 24 hours or more may agree with the employer to exclude from Hours Worked bona fide regularly scheduled sleeping periods of not more than eight hours, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted night’s sleep. No reduction is permitted unless at least five hours of sleep is taken.
9. Travel Time - The principles that apply to determining whether time spent in travel is compensable time depends upon the kind of travel involved.
   • Home to Work: Travel from home before the regular workday and to return to home at the end of the workday is ordinary home to work travel, which is not compensable time.
   • Travel during Workday: Time spent by a Nonexempt employee in travel as part of their principal activity, such as travel from job site to job site during the workday, is work time and must be counted as Hours Worked. When a staff member is required to report at a meeting place to receive instructions, perform work there, or pick up tools or a vehicle, the travel time from the meeting place to the work place is part of the day’s work and must be counted as Hours Worked.
   • Out of Town (Same Workday): A Nonexempt employee who travels out of town and returns the same day must be paid for all hours spent traveling, except for bona fide meal periods and any travel time from home to the local rail, bus, plane terminal, or meeting place to join university provided transportation.
   • Out of Town (Overnight): A Nonexempt employee who travels overnight on business (i.e., more than one day) must be paid for time spent in travel (except for bona fide meal periods) during their normal scheduled working hours on regular workdays as well as non-workdays (i.e., holidays, Saturday, Sunday). Travel time as a passenger on an airplane, train, boat, bus, or automobile outside of regular working hours is not considered work time unless the staff member performs work-related tasks (i.e., checking email, responding to phone calls, etc.). However, if an employee travels by driving a vehicle, the travel time is considered work time, regardless of whether it occurs during working hours or outside of working hours.

Police and Firefighter Workweeks

This section supplements the policy on Wage Administration for Nonexempt Staff (VI.C.2).

Overtime

This section supplements the policy on Wage Administration for Nonexempt Staff (VI.C.2). Refer to the policy for definitions of capitalized terms.

Overtime pay for Nonexempt staff will be determined on the basis of all Hours Worked. Paid time during which no work is performed (i.e., vacation, jury duty, sick leave, bereavement leave, etc.) with the exception of University recognized holidays, will not be counted to determine eligibility for overtime pay.

Payment for overtime is made at the rate of one-and-one-half times the employee's regular rate of pay. The regular rate on which overtime pay is calculated includes remuneration (or pay) for employment, and certain payments made in the form of goods or facilities customarily furnished by the employer. For example, where the employee’s wages include lodging customarily furnished by the employer, the reasonable cost or the fair value of the lodging furnished must be added to the employee’s earnings before determining the regular rate. The regular rate does not include certain payments excluded by the FLSA (Section 7(e)).

No employee may work more than 16 hours (regular and overtime) in a 24-hour period. The maximum overtime an employee may work in any Workweek is 20 hours, allowing at least one full day off work per Workweek, except for approved emergency situations. Section 7(k) of the FLSA provides that employees engaged in fire protection or law enforcement are subject to different requirements.

1. Police overtime is paid on a pay period basis, not a weekly basis. Depending on the shift worked, overtime is paid for all Hours Worked in excess of 80 or 84 hours in a pay period.
2. Firefighters have two different overtime rules. Inside Overtime is paid for any time worked outside of their normal rotation for the fire department, such as working an extra shift in order to meet the minimum number of staff requirement, departmental training not on their regular shift, and coming in earlier or staying later than their normal hours. Outside Overtime is paid when they are needed to work events for which another department pays (e.g., concerts, football and basketball games, etc.).

When a benefits-eligible, Nonexempt employee is required to work on a university holiday (or a re-designated holiday as described in the Holiday Pay section) for which the employee is eligible to receive holiday pay, the employee is paid as follows: (1) the regular holiday pay for their normally scheduled hours on the holiday and (2) the overtime rate described above for the actual number of Hours Worked on the holiday. See Holiday Pay section for detailed eligibility information.

Holiday Pay and Eligibility

This section supplements the policy on Wage Administration for Nonexempt Staff (VI.C.2). Refer to the policy for definitions of capitalized terms.

Nonexempt, benefits-eligible employees in paid status are normally eligible for holiday pay consistent with their Work Schedule. Temporary employees, including student employees, are paid their regular hourly rate for hours worked on a holiday.  View table outlining further eligibility considerations.

Department heads are authorized to make temporary changes in Work Schedules so that employees may have the holiday off on the designated holiday (as long as the required services or functions of the department will not be hindered). When an employee’s normal Workweek is other than Monday through Friday, and a holiday occurs on a normally scheduled day off, the supervisor will designate another day as the holiday with pay. This designated day must be in the same Workweek as the university-designated holiday.

Example: John Doe works 40 hours per week, Tuesday through Saturday, in a Nonexempt position. A university holiday falls on a Monday. John and his supervisor mutually designate Tuesday as the day for John’s holiday observance. If, after re-designating his holiday, John is required to work on Monday (the official university holiday), he will be paid at the appropriate rate of pay (i.e., regular rate if 40 or fewer hours that Workweek, or overtime rate if more 40 hours that Workweek) for all Hours Worked on Monday.

Benefits-eligible, Nonexempt employees will receive holiday pay at a rate consistent with their Work Schedule. For example, an employee who normally works four 10-hour days will be paid 10 hours for the holiday.

Compensatory time off is not recognized by the university and cannot be used to compensate employees who are required to work on a designated holiday.

Shift Differential

This section supplements the policy on Wage Administration for Nonexempt Staff (VI.C.2). Refer to the policy for definitions of capitalized terms.

Shift differentials are used to compensate Nonexempt, regular staff members who normally work one of the following shifts:

The shift differential rate is added to the normal hourly pay rate and must be applied to all Hours Worked on the shift (i.e., overtime, holiday, vacation, and sick leave pay). Student and temporary employees are eligible for the shift differential when they work 40 or more hours biweekly.

Call-Back Pay

This section supplements the policy on Wage Administration for Nonexempt Staff (VI.C.2). Refer to the policy for definitions of capitalized terms.

Employees compensated for call-back pay must receive a premium equivalent to two hours of regular pay and be compensated for all Hours Worked. All time worked in call-back status is included to determine overtime eligibility. The call-back premium payment is not included when calculating overtime eligibility.

Any interruption in work time for the benefit of the employee does not change the extension of the work shift as defined in policy VI.C.2, and the employee is eligible only for payment of Hours Worked. This type of interruption covers such times as authorized meal periods, time to take co-workers home, time scheduled solely for the convenience of the employee, etc.

On-Call Pay

This section supplements the policy on Wage Administration for Nonexempt Staff (VI.C.2). Refer to the policy for definitions of capitalized terms.

The issue of pay for on-call time depends largely upon the employee's freedom while on call, including how quickly the employee is required to respond to the call. For example, an employee who is required to leave a telephone number where they can be reached or carry a pager would not normally be compensated for that on-call time, and would only be compensated for actual Hours Worked. If an employee is free to leave the University’s premises, but the frequency of calls is so high that the employee is not able to use the time freely or the required response time for calls is extremely short, the employee may need to be compensated for those on-call hours. Consult with your HR business partner for these case-by-case situations.

Winter Recess

The winter recess is a special closure of the University, allowing employees to have an extended period of time off at a time when classes are not in session and the general level of activity slows. The winter recess is part of Purdue’s ongoing efforts to recognize and reward hardworking employees.

Refer to the policy on Wage Administration for Nonexempt Staff (VI.C.2) for definitions of Nonexempt and Hours Worked.

Essential, benefits-eligible employees required to work during the winter recess will be paid at their regular rate for all Hours Worked. Both exempt and Nonexempt employees will have the opportunity to re-designate any time worked (consistent with normal time tracking practice) during the winter recess to another normally scheduled workday(s) within the current fiscal year.

Nonessential, benefits-eligible employees will receive pay for normally scheduled hours during the winter recess. Nonexempt staff can record the days as time-off by selecting Other Leave (with Pay) through the Time Off tile in SuccessFactors. Nonessential, benefits-eligible employees who work during the recess will be paid at their regular rate for all Hours Worked and will not re-designate time worked during the recess to another normally scheduled workday.

If a benefits-eligible employee is separating from the University and works through the last day before the University holiday/winter recess, the holiday pay stipulation applies and that employee will be paid for the winter recess, including the holidays through the end of the calendar year. The separation date will be Dec. 31.

Student and temporary employees do not receive winter recess pay, unless they are designated as essential staff and work during the recess. All Hours Worked must be recorded.

Review further pay guidance in the Winter Recess FAQs

Suspension of Operation due to Adverse Weather

The Adverse Weather Conditions policy outlines the responsibility of the President or Chancellor in making decisions to delay, dismiss, or cancel classes and/or routine operations. During class or routine operations delay or cancellation, essential personnel will be required to work in order to provide the minimum level of service on a campus. The Emergency Preparedness and Planning Office provides further guidance on severe weather procedures and resources.

Refer to the policy on Wage Administration for Nonexempt Staff (VI.C.2) for definitions of Nonexempt and Hours Worked. Additional information is provided in the Frequently Asked Questions.

• Nonessential, Nonexempt Staff
  • Nonessential, benefits-eligible staff in Nonexempt positions will receive regular pay for all normally scheduled hours not worked due to the severe weather closure. Time will be recorded as "Other Leave (With Pay)" through the Time Off tile in SuccessFactors.
  • Non-essential, Nonexempt staff members (including students and temporaries) who report for work during a severe weather closure will be released from work. If allowed to perform nonessential work, they will be paid at their regular rate only for the Hours Worked.
  • Non-essential employees who can work remotely should do and will be paid at their regular rate. Non-essential employees who report to work should be sent home. Non-essential employees who cannot work remotely are not expected to work.
• Essential, Nonexempt Staff
  • Essential employees must be identified and notified well in advance of a suspension of operations to avoid problems such as staff reporting to work unnecessarily.
  • Essential, Nonexempt staff who are required to work during a severe weather closure will be paid at the regular rate plus time-and-a-half for all Hours Worked during the time that normal operations are suspended. Under no circumstances will an employee be paid more than two-and-a-half times the regular rate for Hours Worked. Time will be recorded as “Campus Service Disruption” in SuccessFactors.
  • Temporary employees (including student employees) designated as essential personnel will be paid time-and-a-half of the regular hourly rate for Hours Worked up to 40 hours/week. For hours worked in excess of 40 hours/week, compensation will be at a rate of two-and-a-half times the regular hourly rate.
• Exempt Staff
  • Exempt staff members will receive regular pay regardless of work status during the time that normal operations are suspended.
• Time Immediately Before and After Suspension of Normal Operations
  • Nonexempt staff will be paid at the regular rate of pay in accordance with normal pay practices for Hours Worked prior to and after the suspension of operations.
  • All employees who had previously scheduled vacation during the suspension of normal operations will have the time and attendance recorded as vacation. Staff on sick leave both before and after the severe weather closure will have time and attendance recorded as sick leave.
  • As normal operations resume during inclement weather, Nonexempt staff who are absent from work, arrive late, or leave early must charge their time to vacation or absence without pay. This pay practice applies even if local civil authorities have advised citizens to remain off the roads or if department heads advise staff to be absent, arrive late, or leave early due to weather conditions. Departments are encouraged to be flexible in the approval of leave time when safety is a concern.

Environmental Shutdown

This section supplements the policy on Wage Administration for Nonexempt Staff (VI.C.2). Refer to the policy for definitions of capitalized terms.

In the event an alternate work solution is not possible during an environmental shutdown of a facility, Nonexempt employees may be excused without loss of time or pay. This excused absence applies only to regular and temporary non-student staff who had reported for work at the time the decision was made. Staff can record the days as time-off by selecting Other Leave (with Pay) through the Time Off tile in SuccessFactors.

Employees who are on vacation, sick leave, or other types of excused absences at the time of the shutdown will continue in that status. Student employees will not be paid for time not worked during a shutdown.

Procedures History and Updates

September 1, 2020: Procedures expanded beyond those issues that apply only to Nonexempt staff. Added sections on Holiday Pay, Shift Differentials, On-Call Pay, Winter Recess, Adverse Weather, and Environmental Shutdowns, which were previously covered outside of these procedures.

January 1, 2018: Clarification added regarding payment of University holidays for employees who are separating from the University.

January 12, 2015: Operating procedures were revised and separated from related policy on Wage Administration for Clerical/Service Staff and Operations/Technical Assistants (VI.C.2). These procedures supersede the requirement that premium overtime be paid for all hours in paid status in any single Workweek. Overtime pay for nonexempt staff will be determined on the basis of all Hours Worked. Paid time during which no work is performed (i.e., vacation, jury duty, sick leave, bereavement leave, etc.) with the exception of University recognized holidays, will not be counted to determine eligibility for premium overtime pay.