Nebraska Administrative Code
Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF
Title 273 - STATE PERSONNEL DIVISION
Chapter 8 - WORK SCHEDULES AND OVERTIME
Section 273-8-003 - OVERTIME COMPENSATION ELIGIBILITY
Current through March 20, 2024
Agencies are responsible for making overtime eligibility determinations based on Fair Labor Standards Act (FLSA) requirements.
003.01 SALARY REQUIREMENT FOR EXEMPT STATUS. An employee paid on a salary basis is considered exempt from the overtime portion of the FLSA. An employee is considered to be paid "on a salary basis" if the employee regularly receives, each pay period, a predetermined amount constituting all, or part of, his or her compensation. This "salary" is not subject to reduction for absences of less than one day. The use of sick, vacation, or compensatory time for less than one-day absences is not considered a reduction in salary, but rather use of an employee benefit.
003.02 EXEMPT. Employees determined to be exempt from the FLSA are not eligible for overtime compensation. The agency head, at his/her discretion, may request approval from the Director to grant straight time overtime compensation to exempt staff for special circumstances or emergency situations.
003.03 NON-EXEMPT. These employees receive compensation at one and one-half times their hourly rate in the form of either pay or compensatory time off, at the agency head's discretion, for hours worked in excess of 40 hours in any work week. (Other standards apply for hospital, law enforcement and fire protection workers - Sections 004. and 005. below.) Leave time (vacation, sick, etc.) is not considered as hours worked. Holidays are counted as hours worked.
003.04 RECONSIDERATION OF EXEMPT/NON-EXEMPT STATUS. Employees may request their agency reconsider the exempt/non-exempt status of their position.
003.05 AUTHORIZATION. Overtime hours will be authorized in accordance with agency policy.
