Additional Employment

Additional Employment at UF

University Policy
The responsibility of an employee is the full and competent performance of all duties pertinent to his/her employment with the university. Activities or additional employment that may interfere with the primary employment obligations and responsibilities, or may create a conflict of interest with those responsibilities and obligations are prohibited.

University employees may receive compensation for additional employment within the university, other Florida public universities (excluding community colleges), or State of Florida employers, beyond full-time equivalent (FTE) established for the employee’s regular or primary employing position. Compensation for university or other Florida public university employment that exceeds 1.00 FTE must be paid in an OPS appointment.

USPS, TEAMS, and Faculty are considered retirement eligible salary plans and appointing an employee to more than one of these salary plans is not permitted.  Primary employment to USPS, TEAMS, or Faculty can only be combined with secondary appointments in the OPSN, OPSE, OF12, or OF09 salary plans.  An HR600 is required if an employee’s potential appointment pushes them over a 1.0 FTE or an employee has an appointment in both a retirement eligible salary plan and one of other salary plan types.

Additional instructional assignments for faculty must be reviewed through the university’s Division of Continuing Education, 392-2137.

Definitions

Primary Employment/Employer: An employee’s regular employment department or unit in which the employee receives an assignment, evaluation and salary 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.

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 HR-600 forms must be approved prior to the employee beginning 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 secondary 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.**
  • 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 for the purposes of determining overtime liability.

**Additional employment and pay rates for these employees must be reviewed and approved by Classification & Compensation prior to engagement.

Definition of Occasional/Sporadic Employment
Under the FLSA, the “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 he or she must be paid overtime. If that same full-time clerk performs part-time laboratory duties in another department, there is no 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 established rate.
• If the salary/hourly rate is different for both jobs, a regular rate has to be established upon which to pay overtime pay per the Department of Labor.
• Contact Classification & Compensation for assistance in calculating the overtime rate.
• HR600 final approval

Lump Sum Payments for Additional or Dual Employment

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

Additional Employment Outside of UF

A TEAMS or USPS employee, may accept employment outside of the University of Florida with the permission of their supervisor as long as the outside employment or activity does not interfere with their duties or obligations to the university. To prevent any interference or conflict of interest, the employee

• should inform their supervisor of any outside employment and activity.
• review for potential conflicts and secure approval before beginning any such outside employment or activity.
• complete the Disclosure of Outside Activities and Financial Interest form as part of this approval process.

The Disclosure of Outside Activities and Financial Interest form should also be completed to secure university approval for use of university equipment, facilities, or services in connection with outside employment or activity.

A charge may be assessed for the employee’s use of the equipment/or facilities as determined by your department chair or director along with the appropriate dean and/or vice-president.