Overtime Pay

All positions at Brown University, including student employees, are governed by the Fair Labor Standards Act (FLSA) and Rhode Island labor laws. The FLSA is a federal law that mandates when overtime pay is required, as well as complementary Rhode Island labor laws. Specifically, it requires that employees who work in positions not exempt (non-exempt) from the FLSA be paid time and one-half for time worked in excess of 40 hours in one work week. FLSA has set a minimum weekly rate for exempt employees. Consequently, all employees earning less than the minimum are automatically not exempt from overtime (non-exempt). 

Tracking and Authorizing Hours for Employees in Non-Exempt Positions
Non-exempt employee duties in tracking and authorizing hours worked:

  • Non-exempt employees are required to record all hours worked each week to ensure they are compensated accurately.
  • Each week, non-exempt staff must submit their time worked via Time Tracking in Workday to their supervisor for review and approval.
  • Non-exempt employees who believe they are not being compensated for all hours worked should contact Compensation & Organizational Services.

Supervisory duties in tracking and authorizing time follows:
Supervisors must authorize in advance all time worked in excess of the number of hours in an employee's normal work week.

  • This allows the supervisor time to determine if the employee's schedule either in the current or following week should be adjusted to accommodate the increased hours.

Supervisors who are aware, or who have reason to suspect, that a non-exempt employee is working in excess of the normally scheduled hours without prior approval, must take action to stop the employee.

  • If an employee continues to work unauthorized overtime, the employee must be informed in writing that this cannot continue and, if such behavior continues, disciplinary action will result.
  • Whether or not overtime has been approved in advance, it must be paid if it is worked

    For more information on payment of non-exempt staff including Sunday and Holiday Pay, see the Exempt and Non-exempt Employee Pay policy and the FLSA Guidebook.