Human Resources
Policies and Procedures Manual

Departmental Responsibility: Office of Human Resources
Topic: Dual Employment
Policy: Dual Employment
Effective:
July 01, 2009
Last Revised Date: November 09, 2011


Dual Employment Policy

Goal:

This document sets forth the policy for Clemson University employees in Full Time Equivalent (FTE) positions to accept dual employment work with Clemson University or other state agencies.  Employees from other state agencies doing Dual Employment (DE) work for Clemson University are also covered in this policy. Dual Employment is temporary, part-time employment with the same or another agency.

Eligibility:

Only Clemson University employees or those from another state agency that occupy FTE positions are eligible for Dual Employment.

Ineligibility:

Clemson University employees or those from another state agency that do not occupy a FTE position are not eligible for dual employment. This includes, but is not limited to, those employees in a Temporary Grant Position (TGP), Time Limited Project Position (TLPP), Temporary Position, Intermittent Position, or Student employees.

Definitions:

Dual Employment - temporary, part-time employment outside an employee's normal job duties with the same or another agency as accepted by an employee in a FTE position.

Internal Dual Employment - dual employment work or services provided by a Clemson University employee to a Clemson University department or area.

External Dual Employment - dual employment work or services provided by a Clemson University employee to another state agency.

External Dual Employment (Other State Agency) - dual employment work or services provided by an employee from another state agency to Clemson University.

Statement of Policy:

  1. Only employees (Clemson or other state agency) occupying a FTE position may participate in Dual Employment.
  2. Dual Employment duties must constitute independent, additional duties over and above those of the employee's primary FTE position.
  3. Dual Employment work is limited in duration to the approved time frame which cannot exceed 12 months or cross fiscal years (July 1 - June 30). If services should need to be continued into the next fiscal year, new request forms must be initiated by the requesting (secondary) department and approved by Human Resources prior to the beginning of the fiscal year.
  4. Dual Employment is employment and compensation in excess of the approved rate of pay for an employee's primary duties for services of any nature, regardless of whether the employment and compensation is with the home agency or a secondary agency. Additional compensation will be allowed only if the services rendered are clearly not a part of the employee's regular job.
  5. Dual Employment compensation from all fund sources and agencies may not exceed 30% of an employee's annualized salary in a fiscal year (July 1 - Jun 30).  In the special event a department needs to pay an employee more than 30% of their annualized salary, the department must submit a letter of justification from the Department Chair/Head, Dean, Division Director, or VP to Human Resources.  At that time, Human Resources will submit a request for exception to the South Carolina State Office of Human Resources.  Approval or denial will be received from State OHR within 10 business days.
  6. An employee may use annual leave to perform Dual Employment services for another state agency during normal working hours. However, no Clemson University employee may receive additional compensation for services performed for Clemson University while the employee is in a leave with pay status.
  7. No employee may accept any work or compensation that could be reasonably construed as a conflict of interest.
  8. Dual Employment shall not be used to provide a higher continuing salary than approved for the employee's primary position.
  9. Dual Employment requests must be received, processed, and approved by Clemson University Human Resources prior to any work or services being rendered.
  10. Each Dual Employment Request Form can only contain one specific Dual Employment situation.
  11. Dual Employment requests must be initiated by the requesting department or agency.  For additional information on Dual Employment request procedures, please refer to the Clemson University Policies & Procedures Manual: Dual Employment Procedure.
  12. All Dual Employment requests and services are subject to audit by Clemson University Internal Auditors, state and federal auditors, and Clemson University Office of Human Resources.

 Internal Dual Employment

Dual Employment work provided by Clemson University employees to Clemson University must be duties that are clearly not a part of the normal job duties for that employee.  Teaching and Research Faculty are eligible for Dual Employment for additional work outside their normal or contracted assignment for that academic year.  Any leave taken to perform Dual Employment work or services must be taken as leave without pay.  To accommodate Dual Employment for a compelling University need, normal work hours of all Classified and Administrative Unclassified staff may be adjusted as a limited exception with supporting documentation and supervisory approval for a time period not to exceed 8 months in a calendar year.  All adjusted schedules must satisfy the employee's standard hours for the week.  Instructions on documenting and obtaining approval for specified time adjustments can be found in the Clemson University Policies and Procedures Manual: Dual Employment Procedure.

External Dual Employment

Clemson University employees may work for other state agencies as Dual Employment.  If the Dual Employment work occurs during the employee's regularly schedule hours, the employee may use annual leave or leave without pay to accommodate the Dual Employment work.

External Dual Employment (Other State Agency)

Employees that work for other state agencies may perform work or services for Clemson University through Dual Employment.  Employees from other state agencies working for Clemson University must be entered into the Clemson University Business Systems (CUBS) as an intermittent employee with "Dual Employment" as the business title.  When the employee is compensated for their Dual Employment, the payment is to be coded as "Dual Employment" and not "Intermittent."

Faculty Dual Employment and Overload Compensation

Dual Employment and overload compensation will be considered when a faculty member is asked to assume an additional workload which significantly surpasses the 12 credit hour equivalent expectation during a semester. Any nine month faculty being paid from May 17 - Aug 14 must be paid as summer pay or summer school, not Dual Employment. Nine month Clemson University faculty working for another state agency during the summer months (May 17-Aug 14) are not considered Dual Employment.

Compensation

Employees may be paid additional compensation by a requesting (secondary) department or agency for secondary services (Dual Employment) performed under the following conditions:

  1. Compensation for Dual Employment services shall be determined by the requesting (secondary) department or agency and approved by Clemson University Human Resources.
  2. Total compensation for Dual Employment, from all funds sources and agencies, shall not exceed 30% of the employee's annualized salary for the fiscal year (July 1 -June 30). To annualize a part-time employee's salary, divide their current salary by their FTE - 30% of that amount is the part-time employee's Dual Employment maximum.
  3. All Dual Employment compensation must be paid to the employee through the requesting (secondary) department or agency. Taxes and retirement will automatically be deducted upon payment.
  4. Non-exempt employees performing Dual Employment work or services in the same general occupational category as their primary FTE position must be paid 1.5 times their normal hourly rate (overtime rate). 
  5. Dual Employment work or services that fall under a different general occupational category and are performed on an "occasional and sporadic basis" may not be subject to overtime payment rates.  The term "occasional and sporadic" is defined as work that is performed infrequently, irregularly, or occurring in scattered instances as defined by FLSA regulation 553.30.  Please refer to the Department of Labor website for further information: http://www.dol.gov/whd/regs/statutes/FairLaborStandAct.pdf
  6. To fall in a different occupational category, the nature of the Dual Employment duties must be completely different from the duties the employee does in their primary FTE position. An example would be an Administrative Assistant working for the Wellness Center as an aerobics instructor. In this instance, overtime pay would not be required.
  7. Dual Employment payments must be paid from the following accounts:
    • Unclassified Employee:  XX-XXX-5055-XXXX-XXX-XXXXXXX
    • Classified Employee:  XX-XXX-5004-XXXX-XXX-XXXXXX
  8. The requesting (secondary) department or agency is responsible for entering compensation for the employee.

Any questions concerning payment of Dual Employment, including overtime rate compensation, should be addressed to Clemson University Human Resources at 656-3350.

Related Documents:



Clemson University Faculty Manual
Dual Employment Request Form
Dual Employment Revised Schedule Request Form
SC Office of Human Resources Dual Employment Regulations
SC Code of Laws - 8-11-230 (6) and 8-11-170
Fair Labor Standards Act

The language used in this document does not create an employment contract between the employee and the agency. The document does not create any contractual rights or entitlements. The agency reserves the right to revise the content of this document, in whole or in part. No promises or assurances, whether written or oral, which are contrary or inconsistent with the terms of this paragraph create any contract of employment.