Fair Labor Standards Act (FLSA)

I. Purpose & Scope

This policy applies to all OCC employees to ensure compliance with the Fair Labor Standards Act (FLSA), applicable Michigan wage and hour laws, and the College’s commitment to accurate timekeeping and lawful overtime compensation.  

II. Policy Statement

OCC is committed to complying with the Fair Labor Standards Act (FLSA) and all applicable wage and hour laws. Employees will be compensated fairly and lawfully, including compliance with minimum wage, overtime, recordkeeping, and employee classification requirements.

III. FLSA Overview

The FLSA determines whether a position is eligible for overtime pay. A FLSA statutorily “exempt” position is not eligible for overtime pay. A FLSA statutorily “non-exempt” position is eligible for overtime pay at time- and-one-half for any hours worked above 40 hours in a work week. 
Note: Employees represented under a collective bargaining agreement should consult their labor agreements regarding overtime eligibility. 

IV. Definitions

• FLSA Exempt Employee- An employee whose position meets the statutory exemption criteria established by the FLSA based on salary basis, salary level a and job duties. FLSA exempt employees are not eligible for overtime compensation for hours worked over 40 within a work week. 
  
  
• FLSA Non-Exempt Employee- An employee whose position is covered by the statutory provisions of the FLSA and who is eligible to receive overtime compensation at time- and- one-half the regular rate of pay for all hours worked in excess of 40 in a work week. 

V. Workweek

The college’s designated workweek begins at 12:00 am Sunday and ends at 11:59 am Saturday, with work hours assigned by an employee’s supervisor. Overtime is calculated based on hours actually worked during this defined workweek.

VI. Authorization of Overtime

Employees are expected to report to work only during their assigned work hours or as specifically directed by their supervisor.

Reporting to work outside of scheduled or authorized hours is not permitted.

Employees should obtain approval from their supervisor before working overtime whenever possible.

Working unauthorized overtime may result in disciplinary action; all hours actually worked must be accurately reported and will be paid in accordance with the law.

VII. Overtime Eligibility

FLSA “Exempt” OCC employees are not subject to federal and Michigan overtime pay requirements. FLSA “Non-exempt” OCC employees will be paid overtime at one and one-half (1.5) times their regular rate of pay for all hours worked over 40 hours in a single workweek, in accordance with applicable law.

Paid time off, holidays, sick leave, vacation, and other non-worked paid hours generally do not count as hours worked when calculating overtime unless required by law or College policy.

VIII. No Shifting of Overtime Hours

The College prohibits the practice of moving, adjusting, or transferring hours worked from one workweek to another to avoid or reduce overtime obligations.

Prior to making changes to recorded or submitted work hours, employee must notify manager or supervisor.

All hours must be recorded in the workweek in which they are actually worked. Managers, supervisors, and employees may not:

• Delay recording hours actually worked.
• Transfer hours worked from one workweek to another.
• Adjust or alter time records to avoid overtime obligations.
• Instruct or permit employees to work "off the clock."
• Record time on behalf of another employee or authorize another employee to record time on your behalf.
• Falsify, edit, or misrepresent time records for any reason.
• Work before or after scheduled hours without permission from the supervisor.
• Require employees to flex, bank, or offset hours worked in one workweek against hours worked in another workweek to avoid paying overtime.

Any employee instructed to shift hours between workweeks, or who becomes aware of inaccurate timekeeping practices should immediately report the concern to the Human Resources Department.

IX. Accurate Timekeeping

Employees are responsible for accurately recording all time worked each day including time in, time out and meal periods.

Any employee instructed to shift hours between workweeks, or who becomes aware of inaccurate timekeeping practices should immediately report the concern to the Human Resources Department. Employees who report concerns in good faith will not be subject to retaliation.

Falsification of time records by employees or supervisors is prohibited and may result in disciplinary action, up to and including termination.

Change Log

• 8/31/2026 - Approved by Executive Council