Center for Human Resources
Payroll and Compensation
SDSU Foundation
Additional Employment and Overload Policy
The SDSU Foundation policy concerning additional employment and overload is in compliance with California State University policy, as well as policy set forth by the president of San Diego State University. It is also written to be in compliance with State and federal laws.
Definitions
Additional employment is defined as a compensated work assignment in addition to the regular work assignments for any California State University (CSU) or CSU auxiliary employee. Further, the additional assignment must be either of a different nature from or compensated from a different source than the employee’s regular assignment. Additional employment limitations are based upon time-base, not salary. A maximum of 125 percent time-base is allowed under certain circumstances (see below for specific rules.) The salary rate for additional employment may be the same rate as for the primary appointment; however, a different salary rate is permitted if appropriate for the work performed and if allowed by the funding source. In the case of a federal grant or contract, the rate of pay must be the same as the base rate for the primary assignment.
Overload is a term exclusive to employees of the CSU who are represented by the CFA. It refers to CSU additional employment in excess of a full-time workload, or when appropriate, in excess of a full-time time base. A faculty member paid 100 percent from federal grant funds may not work more than 100 percent time.
Outside Employment is a CSU term that refers to any employment not compensated through the CSU payroll. Under this definition, employment directly compensated by a CSU foundation or other CSU auxiliary that is not paid through the CSU payroll is considered outside employment. Conflicts of interest are not permitted. When determining the 125 percent additional employment, all CSU employment and all outside CSU foundation/auxiliary employment are considered together.
Reimbursed Time is a mechanism whereby the SDSU Foundation reimburses the university for a portion of an employee’s regular position up to full-time, for work that is outside of the employee’s regular work assignment and compensated from a different source. Reimbursed time is not considered “outside employment”. It should be noted that the university is not able to reimburse the Foundation for employee effort.
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Allowable Additional Employment/Overload/Reimbursed Time
Percent of Effort Allowable
Within the CSU system including all auxiliaries, and for specified portions of the year, employees may not be employed more than a total of 125 percent time. Further, no more than 100 percent effort may be paid at any time from federal funds or from the university general fund for faculty, management, or other professional level employees. There is one circumstance under which such an employee may be paid above 100 percent from federal funds and that is when arrangements are specifically provided for in the agreement and/or approved in writing by the sponsoring agency and the appropriate university officials.
Employees who are eligible for time and a half overtime must be paid that rate for all hours worked in excess of eight in one day, or forty in a week in the CSU and its auxiliaries. Non-exempt employees on an approved 10/40 workweek must be paid time and a half after ten hours worked in a day or forty in a week.
Full-time Academic Year Employees
Full-time academic year employees may be paid for work up to 25 percent above their regular assignment. However, they may be employed outside their regular assignment up to 125 percent between the last academic workday of an academic year and the first academic workday of the next academic year as reflected in the academic calendar. Also, they may be paid 125 percent outside of their regular assignment during other academic breaks, such as spring and winter breaks. Even in these situations, any amounts over 100 percent must be for performance of different work, and/or paid from different funds and no more than 100 percent from federal funds. During the academic year, if all additional employment for a member of the faculty is in Extension or in the Consortium, the limit allowed is eight semester units. If additional employment is only partially in Extension or the Consortium, then the number of units allowed must be proportionally reduced.
Full-time Ten-month Academic Employees
The ten-month employment period shall be treated as the equivalent of the academic year in the previous section.
Twelve-month Academic and Administrative Employees
Twelve-month employees are employed for a full year and the 25 percent limitation on additional employment covers the whole year. There is no “free” period as there is for academic year employees. However, employees who accrue vacation may accept up to 125 percent additional employment while on vacation status, except that time in excess of 100 percent must be of a different nature or paid from a different source, and not from federal funds.
Twelve-month employees may be appointed to paid teaching assignments in Extension, summer semester or Consortium only if the preparatory work and other required duties are done outside of the normal work hours of the twelve-month assignment.
As a general rule, overload is discouraged for all employees who are covered by the Management Personnel Pay Plan (see Authorizations Required).
Twelve-month Non-management Staff
Employees in this group are subject to the same rules and limitations listed above.
The work schedules of these employees may be altered for the purpose of accepting an additional appointment consistent with departmental needs. These appointments are appropriate only if the preparatory work and other required duties are done outside of the normal work hours of the regular assignment or the hours of the altered work week.
Employees with Split Assignments
Employees with split assignments that are part twelve month and part academic year are also split in terms of percent of time they are allowed to work. On federal grants or contracts, they are also limited as to the amount they are allowed to earn for any additional employment. For instance, those who are assigned 50 percent as twelve month department chair and 50 percent time in an academic year faculty position are limited to 25 percent additional employment during the academic year and 75 percent additional employment during the summer and academic break periods.
Part-time Employees
Part-time employees may receive additional employment up to 125 percent under much the same rules and limitations as apply to full-time employees. For instance, as long as no more than 100 percent is paid for the same job, or from the same source or from federal funds.
Type of Work Allowable
Most additional employment, reimbursed time assignment and/or overload are compensated only if the preparatory work and other required duties are performed outside the normal work hours of the employee’s regular assignment. Additionally, the work to be performed cannot be part of the employee’s regular assignment. For staff, an example is work that is performed for a different department.
Any question or dispute as to whether a non-faculty assignment may be compensated as additional employment, overload or reimbursed time shall be determined solely by the SDSU Foundation Director of Human Resources and the SDSU Director, Center for Human Resources jointly. Faculty questions or disputes shall be determined by the SDSU Foundation Director of Human Resources and the Academic Vice President or designee.
Forms of Payment Allowable for Part-time Employees
Part-time SDSU faculty are normally compensated for additional employment through the university on a reimbursed time basis, up to a full-time assignment. Part-time SDSU staff may also be paid through reimbursed time. Both part-time faculty and staff may be paid directly by the SDSU Foundation depending upon the circumstances.
Time and Place of Work
People paid by the SDSU Foundation may not work in any other job, private or in the CSU, during the hours they are employed by the SDSU Foundation. In addition, people paid by the SDSU Foundation may not work in any other job which might impair their performance at the SDSU Foundation or create a conflict of interest.
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Methods and Amounts of Compensation
Independent Contractor vs. Employee
No employee of a university or auxiliary in the California State University may be paid as an independent contractor by the SDSU Foundation. The IRS and the State Tax Board consider these people to be employees at all times for the purpose of collecting taxes. Employees who form corporations or other types of business, may not normally be paid through such businesses due to conflict of interest considerations.
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Payment Amounts
Faculty
Conducting research is viewed as a normal activity of teaching faculty. Also, federal guidelines (Circular A-21) require that pay from federally sponsored grants or contracts for additional employment and/or overload be no more than the individual’s regular salary rate. Therefore, in most circumstances, faculty may not be paid more than their normal rate of pay.
A faculty member’s regular salary rate is computed by dividing the annualized salary by the months actually worked. For instance, dividing the annualized salary by nine months for most academic year faculty. Payment in excess of these amounts must be approved by the Vice President of Academic Affairs and the SDSU Foundation Director of Human Resources.
Staff
Employees should usually be paid at their normal rate of pay, or in case of totally different job duties, the rate established for the job to which the employee is appointed.
When no existing SDSU Foundation job or classification appears appropriate, the SDSU Foundation Human Resources Office, in conjunction with the appropriate university or auxiliary administrator, will establish an appropriate pay rate based upon a brief market evaluation. Payment in excess of these amounts must be approved by the SDSU Director, Center For Human Resources in the case of university employees or by the SDSU Foundation Director of Human Resources in the case of SDSU Foundation employees.
The SDSU Foundation is required to pay premium overtime to university employees in classifications which earn premium overtime. Time and a half pay is therefore required for hours worked in excess of 8 in any one day or 40 in any one week (university and SDSU Foundation time combined).
Authorizations Required
All additional employment, whether direct pay, overload, or reimbursed time must be authorized in writing, prior to performance of the work, by an appropriate university official for university employees, and SDSU Foundation official for SDSU Foundation employees.
Management Personnel Plan Employees
As a general rule, overload is discouraged for university employees who are covered by the Management Personnel Plan (MPP) and all SDSU Foundation managers. Any MPP or managerial employee being considered for overload may do so only upon the annual written approval of the cognizant Vice President in the case of university employees, or the cognizant superior in the case of SDSU Foundation employees. The Director, Center for Human Resources for the university has been designated by the president to approve all university MPP employees.
Staff
Additional employment, whether direct pay, overload, or reimbursed time, for SDSU staff requires prior review and approval by the appropriate Vice President or designee and the Director, Center for Human Resources.
Faculty
Additional employment, whether direct pay, overload, or reimbursed time, for faculty must have prior review and approval by the appropriate college dean. It should be noted that some deans have additional levels of review and approval required. The appropriate office should be contacted to determine if any such requirements must be met. Upon the written approval by the appropriate dean, full-time faculty may be paid directly by the SDSU Foundation for overload or to teach extended studies classes. Deans may also approve part-time faculty to be paid directly by the SDSU Foundation for a combined assignment not to exceed 125 percent time. Other types of payment normally require approval by the Academic Vice President, or designee.
Sabbatical Leaves and Difference in Pay Leaves
All CSU faculty are considered to be on “work status” when on an approved sabbatical leave, whether on a full salary, partial salary or a difference in pay leave. Therefore, any faculty member on sabbatical, or difference in pay leave is required to have written approval from the president or designee prior to performing any work for the SDSU Foundation other than on an overload basis.
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Last updated March 27, 2008
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