Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES
Chapter 8 - OVERTIME
Section 93-8-004 - Overtime Compensation Options for Nonexempt Employees

Current through March 20, 2024

Nonexempt employees who accumulate more than forty (40) hours of compensable work time in a work week, will be eligible for overtime compensation. The method of compensation will be at the discretion of the appropriate Office Administrator and the immediate supervisor. The two (2) options for such compensation are:

004.01 Payment of a sum equivalent to one and one-half ( 1-1/2) times the hourly rate of pay for time actually worked in excess of forty (40) hours. Payment for overtime hours will be calculated at the hourly rate that was in effect for overtime at the time excess hours were actually worked.

004.01A The hourly rate of pay will be computed by dividing the annual rate of pay by the number of hours the employee is normally responsible for per year. Such payment will be made at the end of the pay period in which it was earned, if administratively feasible, or at the end of the following pay period.

004.02 Compensatory time off when taken in lieu of pay will be calculated at time and one-half ( 1-1/2) unless the employee has actually worked less than forty (40) hours during the workweek. If the employee has actually worked less than forty (40) hours during the workweek, compensatory time off will be calculated at straight time. Paid vacation, sick, or bereavement leave will not be counted as work hours for overtime purposes.

004.02A Compensatory time off will be used in the subsequent sixty (60) calendar day period following the date the hours were worked, unless such period is extended, in writing, by the Department (within limits established in Section 004.02B of this Chapter).

004.02B Employees who worked overtime hours between July 1, 2017 and June 30, 2018, will either be provided time off by July 31, 2018 or be paid by August 31, 2018 at the June 2018 pay rate. Employees who worked overtime hours between July 1, 2018 and June 30, 2019, will either be provided time off by July 31, 2019 or be paid by August 31, 2019 at the June 2019 pay rate.

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