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Yes. Under the Fair Labor Standards Act (FLSA), you can require employees to work overtime. Whenever possible, you should give advance notice to employees that overtime will be needed.

No. When employees work “off the clock,” their working hours are unpaid and not recorded. These hours would also be excluded from any overtime calculation. It is against Ohio state and federal laws for employees to work off the clock.

If you discover your employee is doing this, you need to explain to them that this is not permissible. Note that if an employee continues to work “off the clock,” then the supervisor should begin disciplinary action with the employee and in consultation with the Employee Relations Department.

Yes. If non-exempt employees work overtime hours, they must be paid, even if they are unapproved. That is why it is critical to establish how overtime approval will be managed and communicated to everyone in your unit. The guidance for affected employees should reiterate that employees should seek approval before working any overtime. You can help by establishing rules in your unit for seeking approval in advance for projects or events that may be deadline-driven and require additional hours.

No. Per the regulations, overtime is only accrued when the total hours for the workweek (including hours worked, sick, vacation, holiday, etc.) are more than 40 hours. Please see administrative policy 6-07.9 for more information regarding overtime.

Managers and supervisors may need to set new expectations and change department schedules and/or behaviors to manage hours worked within budgets. It is important to clearly communicate any new department standards or business processes to newly non-exempt employees. These communications should include:

Unfortunately, no. This is a federal requirement, and Kent State University could be penalized if we are not in compliance.

The impacted employees were notified via email by late November/early December.