Additional University Employment and Compensation

Additional University Employment

Published: 12/9/22

Responsible Unit: Vice President for Human Resources

1. Policy Statement

Additional employment occurs when an active full-time or part-time employee accepts another position  on campus. This often results in the employee working more than a 1.0 FTE. In such cases, the additional university employment must be OPS.  

An employee’s responsibility is the complete and competent performance of all duties pertaining to their primary appointment with the university. Additional employment and associated compensation must be for work performed outside the employee’s regular job responsibilities and schedule.

Activities or additional employment which may interfere with the primary employment obligations and responsibilities or may create a conflict of interest with those responsibilities and duties are prohibited.

Additional employment by an employer other than the University of Florida must be disclosed/approved through the disclosure of outside activities process.

2. Applicability

All university employees are covered under this policy.

3. Definitions

Primary Employment/Employer

An employee’s regular employment department or unit in which the employee receives compensation based on the certification of performance of regularly assigned duties.

Secondary Employment/Employer

The department or unit requesting the employee’s services in addition to those regularly assigned by the primary employer.

Definition of Occasional/Sporadic Employment

Under the FLSA, “occasional or sporadic” means infrequent, irregular, or occurring in scattered instances. A part-time employee who is given a regular work schedule (daily, weekly, monthly) does not meet the occasional or sporadic test.

Different Capacity from the Primary Job

The term “in a capacity different from their regular employment” can be illustrated with an example. If a full-time clerk in a department performs part-time clerical duties in another department, they must be paid overtime. If that same full-time clerk performs part-time laboratory duties in another department, there is no overtime liability.

Overload Teaching

Teaching for extra compensation is often referred to as “overload teaching.” Overload teaching relates to faculty members teaching over and above their regular teaching assignments.

Overtime

The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay.

4. Policy Specifics

Hiring Department’s Responsibility:

The following are instances in which a hiring department must take additional action when appointing an existing UF employee as described in the UF Policy of Additional Employment. All required approvals must be obtained before the employee begins the new appointment.

Overtime for UF Employees with Dual Employment:

Additional or dual employment with UF requires compliance with the Fair Labor Standards Act (FLSA). The employee’s FLSA status (exempt or non-exempt) for the second position will be that of the employee’s primary position.

• If the primary position is exempt, you are not required to pay overtime for the second position.
• If the primary position is non-exempt, you most likely will be required to pay overtime for the second position.
  • If the secondary appointment has a regular work schedule (daily, weekly, monthly), all hours worked in a secondary job must be combined with hours worked in the primary job to determine overtime liability.
  • The FLSA indicates that employees who, at their option, work occasionally or sporadically on a part-time basis for the same agency in a capacity different from their regular employment do not have to be combined with the hours worked in the primary job to determine overtime liability.

Calculating Overtime Pay for Dual Employment Arrangements:

• If the salary/hourly rate is the same for both jobs, overtime hours are paid at the regular rate.
• If the salary/hourly rate is different for both jobs, a regular rate must be established upon which to pay overtime pay per the Department of Labor.
• Contact Human Resources, Classification, and Compensation for assistance in calculating the overtime rate.

Lump Sum Payments for Additional or Dual Employment:

• Exempt employees can be paid using lump sum payments.
• Non-exempt employees should be paid hourly and record their hours through myUFL – Time and Labor.

5. Frequently Asked Questions

Are employees eligible for overtime?

Additional or dual employment with UF requires compliance with the Fair Labor Standards Act (FLSA). The employee’s FLSA status (exempt or non-exempt) for the second position will be that of the employee’s primary position. If the primary position is exempt, you are not required to pay overtime for the second position. If the primary position is non-exempt, you may be required to pay overtime for the second position.

Are all non-exempt employees eligible for overtime?

Not all additional university or dual employment arrangements cause an employee to be eligible for overtime pay. The FLSA indicates that employees who, at their option, work occasionally or sporadically on a part-time basis for the same agency in a capacity different from their regular employment do not have to be combined with the hours worked in the primary job to determine overtime liability. However, unless the occasional or sporadic rules apply, all hours worked in a secondary job must be combined with hours worked in the primary position to determine overtime liability.

How do you define the terms occasional or sporadic and different capacity?

Under the FLSA, “occasional or sporadic” means infrequent, irregular, or occurring in scattered instances. A part-time employee who is given a regular work schedule (daily, weekly, monthly) does not meet the occasional or sporadic test. The term “in a capacity different from their regular employment” can be illustrated with an example. If a full-time clerk in a department performs part-time clerical duties in another department, they must be paid overtime. If that same full-time clerk performs part-time laboratory duties in another college or administrative unit, there is no overtime liability.

What happens if the part-time job is not occasional or sporadic in a different capacity?

If the situation does not meet the sporadic and occasional or different duties tests, the employee must be paid overtime for all hours worked more than 40 in a workweek.

How do you calculate overtime pay in dual employment arrangements?

If the salary rate for each job is the same, the overtime rate is 1.5 times the employee’s regular pay rate. However, in these dual employment arrangements, it is not uncommon for an employee to be paid at different rates for each job. The Department of Labor says that you cannot use the rate of only the second job to calculate overtime. When an employee in a single workweek works at two or more different jobs for which different rates have been established, a regular pay rate has to be based on calculating overtime pay. Please get in touch with Classification & Compensation for assistance in calculating the overtime rate.

How do I pay an employee for additional university or dual employment?

If the secondary appointment is in the same college/administrative unit, the department will submit the appropriate ePAF in myUFL. Suppose the secondary appointment is in a different college or administrative unit. In that case, the secondary employer must prepare a request for additional university employment, which must be approved by the primary dean, director, or department chair.  Once approved, the secondary employer submits the appropriate ePAF in myUFL.

Can I pay an employee a lump sum payment for additional university or dual employment?

Exempt employees can be paid using a lump sum payment. Non-exempt employees should be paid hourly and record their hours through PeopleSoft – Time and Labor.

The following department oversees the implementation and ensures compliance with this policy. For answers to questions about the policy or to report suspected violations, please contact:

Classification & Compensation
University of Florida Human Resources
PO Box 115009
Gainesville, FL 32611
(352) 392-2477
compensation@ufl.edu

Policy Violations

Failure to comply with this policy could result in disciplinary action, including termination.