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Policy 5224

Outside and Secondary Employment

I. Purpose

Longwood University hires employees on both a full-time and part-time basis.  Administrative and Professional, classified and hourly workers may engage in outside employment at any business enterprise which does not require their physical presence during the hours in which he or she is employed by the university.  Under certain circumstances, an employee may hold a secondary or additional job(s) at Longwood that is outside of the scope of his/her primary job and may receive supplemental compensation when all of the following criteria have been met:

  • When the intended task is clearly outside normal responsibilities of the primary job;
  • The individual is qualified to perform the additional duties;
  • It is in the University’s best interest to do so;
  • The intended task is in compliance with the Fair Labor Standards Act (FLSA); and
  • The required approvals have been obtained.  Employees must have their supervisor’s approval prior to working a second job.

If an employee's additional employment adversely affects the employee's ability to perform his job satisfactorily, the employee may be disciplined.  Longwood reserves the right to require the employee to terminate the additional/outside employment to the extent that it will no longer burden the employee's performance.

The provisions of the Fair Labor Standards Act (FLSA) cover all Longwood University employees.  FLSA establishes rules for minimum wage, overtime pay, child labor and recordkeeping; and it defines exemptions from overtime pay regulations.  The chart below shows who is exempt and non-exempt.

Employee Type Pay Band FLSA Status
Classified 1,2, and 3 Non-exempt
Classified 4 *Non-exempt; unless the position meets the requirements of any of the FLSA exemption tests applied by Human Resources
Classified 5 and above Exempt: must meet both job duties and salary basis FLSA exemption tests.
Hourly Wage Any Non-exempt; does not meet the requirements of both the job duties and salary basis FLSA exemption tests.  (Except for teachers, employees practicing law or medicine, and outside sales employees who do not have to meet the salary basis test or as a computer professional.)
Faculty
  Teaching/Research
   Administrative/Professional
   Adjunct
N/A Exempt:  must meet both job duties and salary basis FLSA exemption tests.  Except for teachers, employees practicing law or medicine, and outside sales employees who do not have to meet the salary basis test or as a computer professional.)

*Human Resources will determine whether the position is exempt or non-exempt from the overtime requirements of the Fair Labor Standards Act (FLSA).

II. Policy 

Approval to work outside the normal work schedule within or outside the university must be granted by Human Resources in consultation with the department head.  All secondary/additional job hours worked at Longwood University by Administrative and Professional, classified and hourly employees must be reported and paid in accordance with current payroll procedures and the Fair Labor Standards Act (FLSA).  (For Instructional Faculty please refer to the Faculty Policies and Procedures Manual).

All hours that an employee works in excess of 40 in a workweek, in combination with his/her first/primary and all secondary jobs, will be paid in accordance with FLSA procedures:

FIRST/PRIMARY JOB FLSA STATUS SECONDARY JOB FLSA STATUS 1 ½ OVERTIME PAYMENT
EXEMPT EXEMPT NO
EXEMPT NON-EXEMPT NO
NON-EXEMPT EXEMPT *YES
NON-EXEMPT NON-EXEMPT *YES

Longwood University’s workweek is from 12:01 am Saturday morning through 12:00 pm midnight of the following Friday.

*Occasional and Sporadic Employment:  A non-exempt employee may be paid straight-time overtime for occasional or sporadic work that the employee volunteers to perform and that is in a different occupation from the employee’s normal job.  Human Resources will determine if the Occasional and Sporadic conditions are met.

*Additional Longwood University Wage Employment Resulting in Overtime:  Additional wage hours may impact hiring departmental budgets since hours over 40 per week must be paid at time and one half according to the Fair Labor Standards Act for non-exempt employees.  Departments must consult with Human Resources prior to hire to determine the appropriate wage rate.

Revised and approved by the Board of Visitors, September 7, 2002.
Revised and approved by the Board of Visitors, December 7, 2012.