What is overload compensation?
Overload compensation is normally intended for employees who are exempt from overtime regulations (“FLSA exempt”). It is not equivalent to traditional “overtime” (time and one-half for hours worked over 40 hours in a workweek), nor is it paid by computing hours worked. Payment should be no more than what another employee would typically be paid for the same work.
Activities paid by overload compensation must be distinct from activities that are expected to be completed within the regular 100% position.
Lump Sum Payment
Under the terms of the current collective bargaining agreement with United Academics, overload assignments are to be compensated on an FTE basis (Article 17, Section 8). Last year, the university and United Academics entered into a special memorandum of understanding that allowed certain programs to compensate overload on a lump sum basis. That memorandum is set to expire June 30, 2015.
This particular compensation issue was addressed early in the current round of negotiations and a tentative agreement has been reached that allows continuation of lump sum overload payments for certain programs. Under most circumstances, tentative agreements may not be enacted until ratification of the entire collective bargaining agreement. However, both parties understand the value of this provision to various programs around campus and we have agreed that the new language can begin to be implemented for the 2015-2016 academic year. Units can, therefore, begin to enter into agreements with faculty for next academic year with the understanding that lump sum payments for overload assignments are permissible for the programs listed below. The amount of the lump sum payment will be agreed upon by the university and the bargaining unit faculty member.
The lump sum overload payment applies to the following programs:
(b) Freshmen Seminar
(c) College Scholars
(d) College Advising
(e) First-year Interest Groups (FIGs)
(f) General Education Renaissance
(g) Rutherford Initiative
(h) Oregon Executive MBA Program (OEMBA)
(i) Humanities Program
(j) Continuing and Professional Education
(k) International Student Orientation
(l) Sports Product Management Program (under review)
(m) Study Abroad
(n) Honors College Seminars
(o) Insight Seminars
(p) Short Executive Seminars
(q) Any one-day seminars, workshops, or similar one-day programs
All overload assignments for faculty not referenced above must continue to be paid on an FTE basis.
Non-Instructional Employees Teaching a Class (Officers of Administration)
Teaching regular on-campus classes is allowable for overload compensation under only extraordinary or emergency circumstances. Regular teaching should be included in an employee’s 100% FTE.
A request for overload compensation for a non-instructional employee to teach as "instructor of record" must include the following paperwork:
- Request for Overload Compensation form.
- Current Vita.
Particular attention should be paid to the following situations:
a) When overload compensation for teaching a class is offered to an FSLA-exempt Officer of Administration, only 50% of the compensation above full time may be paid as overload compensation. The non-instructional job FTE must be reduced the equivalent of one-half of the compensation above full time. Recommended language for agreement is “Total pay is $__, to be paid $__ in-load and $__ overload compensation”.
b) Overload compensation for teaching a class may be offered to an employee who is eligible for overtime (“non-FLSA exempt”) and for whom teaching is distinctly outside of the regular job duties. In this case, the compensation must be paid hourly. Note any hours over 40 in a week will be paid at 1.5 times a combined hourly rate.
NOTE: Overload compensation is not allowed for twelve-month employees for teaching in the summer.