Below we have provided the relevant excerpts from our Contract on (1) overtime work and compensation and (2) extra compensation for extra work.
Contract Language on Overtime Work and Pay
Below is the Harvard-HUCTW contract language regarding overtime work and compensatory time, which aligns with Massachusetts and Federal wage and hour laws.
If you encounter any problems with overtime work or compensation and would like assistance or advice, please reach out to your HUCTW organizer or to firstname.lastname@example.org. We can help you strategize confidentially about how best to address your situation.
“Every non-exempt employee who works beyond her/his regularly scheduled hours has a right, guaranteed by law, to be appropriately compensated for extra time worked.
- In calculating hours worked for overtime purposes, all hours “paid” are considered hours “worked.” That is, extra hours worked in a week where a paid absence also occurs (a holiday, sick day, vacation, etc.) are compensated according to overtime policy. There is one exception: Comp time hours “paid” are not considered hours “worked.”
- Occasions may arise which necessitate unanticipated overtime work. Employees should try to accommodate such needs of the workplace, but should not be required to do so if they have a prior conflicting commitment which they cannot reasonably alter. If such instances become routine, the situation should be evaluated and discussed by the employee’s supervisor.
- Employees are not expected to work overtime beyond the occasions referred to in paragraph 2 (above) unless it is part of their job description, understood by them before hiring, or agreed to in the event of a reasonable need for change in the job.
- Refusal to work any overtime that is not part of an employee’s job description will not be reflected in an employee’s overall performance evaluation.
- Some offices at Harvard regularly provide their employees with opportunities to work overtime. Where such overtime work is not specialized and calls on the generic abilities of any of the employees in the office, all employees in that office should have equitable access to such overtime, if they so desire.
- Ordinarily, overtime arrangements will be authorized in advance by the supervisor.
- Harvard’s workweek begins Sunday at 12:01 a.m. and ends the following Saturday at midnight. The following overtime compensation requirements apply:
Overtime for Hours Over 40. An employee who works over 40 hours during a particular workweek must be paid time and one-half the regular hourly rate for all hours worked over 40 hours in that workweek
Overtime for Hours under 40 and Use of Compensatory Time. An employee who works more hours than her/his regular schedule but not more than 40 hours during a particular workweek may either:
Be paid straight time (regular hourly rate) for these additional hours,
Assign to him/herself the right to receive compensation for these hours at a future date by banking these hours in a non-interest-bearing compensatory time off account for future use as paid time off. While the time off should be arranged with the supervisor, employees may request the financial compensation at any time. Employees will not be able to accrue more than 40 unused compensatory hours, and although these hours may be carried over from year to year, they must be paid out at termination and will ordinarily be paid out at the time of transfer to another position.”
(Excerpt from the Harvard-HUCTW Personnel Manual, pages 31-32)
Contract Language on Extra Compensation for Extra Work
Below is the Harvard-HUCTW contract language regarding extra compensation for extra work.
If you encounter any problems with extra work or compensation for that work and would like assistance or advice, please reach out to your HUCTW organizer or to email@example.com. We can help you strategize confidentially about how best to address your situation.
“Extra compensation is defined as an unusual, nonrecurring, or extraordinary payment for Harvard work that falls beyond an employee’s regular job assignment.
Work for which extra compensation may be appropriate includes, but is not limited to:
Work occasioned by the absence of a supervisor or co-worker.
Ordinarily, extra compensation should be paid for such work when it is anticipated that work will be performed for more than 20 work days when covering for a co-worker or for more than 7 days when covering for a supervisor. Extra compensation for such duties assigned for shorter periods of time may be considered. Extra compensation will be set at a negotiated rate appropriate to the work performed.
Work not performed for the employee’s primary employing unit.
Such work shall not interfere with the employee’s regular responsibilities and shall be performed outside the employee’s regular work schedule. Compensation for this work is to be negotiated between the employee and the departmental representative requesting the work. All hours over 40 must be paid at 1 1⁄2 times the employee’s straight time rate for the workweek.
Extra compensation is not appropriate if additional duties become a permanent part of an employee’s regular job. A job review and possible change in job description, grade, or rate of compensation may be appropriate [see contract language on Job Reclassification].
Please note: Salary increases, other than regularly scheduled as outlined in the Agreement, may be granted at any time by your department, subject to policy and approval requirements established by local units and the University. At a minimum, proposed increases must be discussed with and approved by the local personnel office responsible for the area.”
(Excerpt from the Harvard-HUCTW Personnel Manual, page 32)
Again, if you encounter any problems with any of the above and would like assistance or advice, please reach out to your HUCTW organizer or to firstname.lastname@example.org. Anything you discuss with an HUCTW organizer is confidential.