La Sierra University complies with both Federal and State wage and hour laws. It is expected that an hourly employee only works overtime with prior approval from his or her supervisor. Supervisors are to request approval from the Vice President of their area before to granting approval for overtime to be worked. All overtime hours worked, whether approved or not, will be paid according to the provisions detailed below. Employees who consistently work overtime without prior approval will be subject to disciplinary action.

The Federal requirement for the payment of overtime is that all hours worked over 40 in any given work week are to be paid at one and one half times the employees regular rate of pay for that week.

The State of California changed the overtime requirements on January 1, 2000. This provision takes precedence over Federal law. Hourly employees are entitled to time and one-half for:

1. All hours worked over 8 in a workday.
2. All hours worked over 40 in a workweek.
3. The first 8 hours on the 7^th consecutively worked day in a workweek.

Hourly employees are entitled to double-time for:

1. All hours worked over 12 in a workday.
2. All hours worked over 8 on the 7^th consecutively worked day in a workweek, unless the employee worked less than 30 hours for the week, or 6 hours per day.

A provision has been included in California law allowing an hourly employee to make up time lost due to personal obligations without incurring overtime. All of the following must be adhered to when making up time. Make-up time cards are available in the payroll office.

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1. The make-up work must be performed in the same week in which the work time was lost.
2. The employee must submit a make-up time card for each make-up time request.
3. The work time was missed due to an employee’s personal obligations.
4. The make-up work does not cause an employee to exceed 11 hours of work in one day.
5. The make-up work does not cause an employee to exceed 40 hours of work in one workweek.
6. The employer does not solicit or encourage an employee to request make-up time.
7. The make-up time cannot be made up in a different workweek.
8. The employee may not bank overtime hours in order that they may take time off later.

It is important that all hours worked be accurately reported to payroll for payment. Hourly employees are expected to clock in and out for all hours worked. Time worked may not be moved to another week, or deleted from the record, even if the employee requests that this be done. Supervisors cannot request an employee to work "off the clock."

California now imposes personal liability on employees acting on behalf of an employer. This means that should the University be found in violation of the overtime law, supervisor’s would be held personally liable, and subject to fines of up to $100 for each underpaid employee for each pay period in which the violation occurs, in addition to the amount of the underpayment. The penalties are paid to the underpaid employee in addition to the unpaid wages. This penalty can be assessed against the University or against supervisors working for the University.