ࡱ> rtq` ?9bjbjss 4X0<<<<.T8>D4 Qh:4000fQhQhQhQhQhQhQ$OShUQ Q<<00Q%!%!%!.<800fQ%!fQ%!%!KDtN0 ൷KL&fQQ0QMV VLNVNlL[6%!,`QQ!"Q  T6*<<<<<< HUMAN RESOURCES AND EQUAL OPPORTUNITY Additional Employment and Overload Guidelines and Procedures SCOPE These guidelines and procedures are in compliance with the California State University Additional Employment Policy, HR 2002-05, dated February 19, 2002. Additional employment guidelines are designed to provide a framework within which employees may be appointed for more than full time, and establish the total amount of employment an individual may have with the California State University (CSU). These guidelines cover the procedures on compensating faculty and staff for additional employment, and the reporting of such employment. These guidelines apply to all faculty and staff at Cal State San Marcos or any of its authorized auxiliary organizations, and they apply to multiple appointments compensated by the University, regardless of the source of funding. Such employment includes appointments at any regular CSU program or auxiliary organization, as well as appointments on more than one campus in the CSU. Where the provisions of the Additional Employment Guidelines are in conflict with collective bargaining agreements (CBA), the CBA shall take precedence. Additional employment for non-exempt staff is discouraged when it is possible to adjust the individuals work schedule. Non-exempt employees are subject to the regulations of the Fair Labor Standards Act (FLSA). Additional employment shall not interfere with the employees primary CSU assignment. Additional employment in excess of full time does not affect University retirement credits or benefits payments. DEFINITIONS Additional Employment. The CSU Additional Employment Policy (HR 2002-05) establishes limits (125%) on the total amount of employment an individual may have within the CSU system. Additional employment refers to any CSU employment that is in addition to an employees primary job. Additional employment limitations are based on time-base, not salary. CSU employment is defined as any employment compensated through CSU payroll, regardless of funding source (e.g., general fund, extension, lottery, CSU employment reimbursed by an auxiliary or other source). Outside employment is any employment not compensated through the CSU payroll, including CSU foundation and CSU auxiliary employment. When determining additional employment, all CSU employment and all outside CSU foundation and other CSU auxiliary employment are considered together. The additional assignment must be either of a different nature from or compensated from a different source of funds than the employees regular assignment. Overload is a term exclusive to employees represented by the California Faculty Association (CFA) and refers to CSU additional employment in excess of a full-time workload, or when appropriate, in excess of a full-time (100%) time-base. A faculty member paid 100% from federal grant funds may not work more than 100% time. Reimbursed time is a mechanism whereby the University is reimbursed from external funds for an employees salary, benefits, and accrued non-productive time. Employment that is reimbursed to the University by a foundation, other auxiliary, or other funding source is considered CSU employment. Special consultant is a classification that may be used when a faculty or staff member is appointed to perform a special assignment of a temporary nature based on a particular knowledge, ability, or expertise. Employees who accept additional employment as special consultants are subject to the 125% limit on additional employment. Special consultants are temporary employees for payroll purposes, and are not to be confused with Independent Contractors. Independent contractor is an individual who is hired to perform a specific task, and the employer controls only the result of the work, not the means and methods of accomplishing the result. Independent contractors receive payment for completed work through the Procurement process. CSU employees cannot be hired within the CSU as independent contractors. Casual Worker is a classification that may be included as a different type of additional appointment, however, it may not be appropriate in some circumstances. Employees appointed to the Casual Worker class perform non-bargaining unit work that meets the non-exempt criteria of the Fair Labor Standards Act (FLSA). ALLOWABLE ADDITIONAL EMPLOYMENT An employee may be provided with an appointment not to exceed 25% above the 1.0 full time position (125% time). Using a standard 40-hour week, the 25% maximum would provide compensation for 10 hours per week of work. Faculty Unit Employees. Article 36 of the CFA MOU limits CSU employment (i.e., employment compensated through the CSU payroll) to the equivalent of one full-time position in a primary or normal work assignment. The MOU, however, provides for additional employment of up to 25% of a full-time position if the additional employment: consists of employment of a substantially different nature from the primary or normal work assignment; or is funded from non-general fund sources; or is the result of part-time employment on more than one campus. For academic year faculty, the 25% additional employment limitation is established for, and computed over, the academic year. A full-time academic year employee may be employed up to 125% time during non-academic year time periods. This includes the time between the last academic workday of an academic year and the first academic workday of the next academic year as shown in the academic calendar for that year. Such an employee may also work 125% during semester breaks as shown in the academic calendar, provided that no more than 100% is from federal sources. Academic year faculty may be appointed up to 125% time while on leaves of absence without pay. A faculty unit employee on sabbatical leave shall not accept additional and/or outside employment without prior approval of the President, per CBA article 27.15. For twelve-month faculty and exempt staff, the 25% additional employment guideline is based on a 12-month assignment in a calendar year. For non-exempt staff, additional appointments in excess of full-time are typically not granted, except by approval of the President or designee. Type of work allowable Most additional employment, reimbursed time, and/or overload are compensable only if the preparatory work and other required duties are performed outside the normal work hours of the employees regular assignment. Additionally, the work to be performed cannot be part of the employees regular assignment. Compensation for additional employment. Exempt employees represented or non-represented including MPP. For staff in positions determined to be exempt from the overtime provisions of the Fair Labor Standards Act (FLSA), work performed in excess of a 1.0 full-time equivalent time-base is normally not compensated. Exempt employees are expected to accomplish assigned work without regard for the number of hours worked and time off is reported in full workday increments. However, an exempt employee may be assigned additional employment equivalent to the 25% above the 1.0 full-time time-base if the additional employment assignment is unrelated to his/her primary work assignment. Determination of whether additional employment is within limits is based on time-base, not salary. Normally, the salary rate for additional employment is the same as the rate for the primary appointment. In the case of a federal or state grant or contract, the rate of pay must be the same as the CSU base rate of pay for the primary appointment. However, a different salary rate may be allowed if appropriate for the work performed and if allowed by the external funding/granting source (e.g., private corporation contract). Non-exempt employees. Work performed in excess of a 1.0 full-time equivalent time-base is compensated at the appropriate overtime rate for all hours worked in excess of 40 hours in a workweek. Non-exempt employees are subject to the regulations of the FLSA. If an employee holds a non-exempt position and an exempt position, the employee must be considered non-exempt for pay purposes. Additional employment for non-exempt employees should not be granted. However, if approved by the President or designee, the following options are available: Exclude the non-exempt employee from the additional employment appointment; or Reduce the time-base of the primary position so the primary and additional appointments in total do not exceed a 100% time-base; or Pay the employee appropriate overtime in accordance with the FLSA and respective MOU. Non-exempt non-represented employees. Overtime is required to be paid for work performed over 40 hours in a workweek if the employee is assigned additional employment on a regular or sporadic basis that is not substantially different from the employees current assignment. Overtime is not required to be paid for work performed over 40 hours in a workweek if the employee is assigned additional employment on an occasional or sporadic basis that is substantially different from the employees current assignment. A concurrent appointment should be assigned in the appropriate classification for the work assigned and receive the appropriate pay rate. (Reference Section 553.30 of the Code of Federal Regulations) Non-exempt represented employees. Overtime is required to be paid for work performed over 40 hours in a workweek regardless of assignment. In accordance with CSU collective bargaining agreements, overtime is paid for work performed in excess of 40 hours in a workweek by non-exempt employees. Independent Contactor vs Employee. No employee of a university or auxiliary in the California State University may be paid as an independent contractor. The IRS and the State Tax Board consider CSU and auxiliary employees to be employees, regardless of the number of assignments and sources of funding. Employees who form corporations or other types of business may not contract with the CSU or an auxiliary organization to provide independent contractor services due to conflict of interest considerations. PROCEDURES FOR PRIOR APPROVAL AND MONITORING OF WORKLOAD The appropriate administrator for a department or division is responsible for determining the extent of an employees workload prior to making an additional employment appointment. The appropriate administrator ensures that the additional employment appointment does not exceed the maximum 125% limitation. There are two separate forms used in obtaining prior approval for additional employment: Faculty Grant Reimbursed Time and/or Overload Form (on the CSUSM Foundation  HYPERLINK "http://www.csusm.edu/foundation/forms/" Forms page) Additional Employment Appointment Request Form for Staff/MPP Employees The following steps must be used to review, approve, and process additional employment appointments: The appropriate administrator determines an employees workload and time-base prior to making an appointment to an additional employment position. The additional employment appointment must be authorized in writing by the President or designee (the Director of Human Resources is the Presidents designee for staff personnel transactions) prior to performance of the work for staff/MPP employees. For faculty, approval for an academic year overload appointment is obtained by filling out the Faculty Grant Reimbursed Time and/or Overload Form (on the CSUSM Foundation  HYPERLINK "http://www.csusm.edu/foundation/forms/" Forms page) . The form is submitted to Academic Affairs. For staff/MPP employees, complete the Additional Employment Request Form for Staff/MPP Employees ( HREO  HYPERLINK "http://www.csusm.edu/HR/forms/formspage.dl.html" Forms page). The form is submitted to HREO. A Personnel Action Notice (PAN) is completed by the hiring department with appropriate signatures and submitted to HREO. For faculty, complete an Academic Transaction Form applicable for overload appointments, and obtain the appropriate signatures. Forward the ATF to Academic Affairs. Forward the completed PAN form to HREO for data entry into PeopleSoft. The ATF form is submitted to Academic Affairs for entry into PeopleSoft. Academic Affairs then submits the ATF form to Payroll. HREO staff forwards the PAN form to Payroll for payroll processing.     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