• Fair Labor Standards Act


    The Board recognizes that the District is subject to the provisions of the Fair Labor Standards Act.  This Act includes provisions applicable to school districts relating to minimum wage and overtime pay for non-exempt employees.
    The minimum wage paid on an hour by hour basis to all district employees, either part or full time, permanent or temporary will be no less than the Federal Minimum Wage.
    The Board also recognizes that it may occasionally be necessary for non-exempt persons to work more than forty hours during a given work week.  Individuals will be paid time-and-a-half (in money or compensatory time off) for each hour of overtime worked.  No overtime, as defined by the FLSA, will be suffered or permitted without authorization from the employee’s immediate supervisor.
    To be exempted from overtime requirements, employees must meet a two-part test:
    • They must be paid a certain amount on a salary basis, and
    • They must perform certain duties
    The district requires all employees who are subject to the provisions of the FLSA to complete a daily time record showing actual hours worked.  Failure to maintain or falsification of such records may be grounds for disciplinary action.
    The administration will maintain records and establish regulations which are consistent with this policy and the requirements of the Fair Labor Standards Act
      Minimum Wage
               
                    The minimum wage paid on an hour-by-hour basis to all employees either full or part time, permanent or temporary will be at the approved rate as determined by the federal government, except under designated training and apprenticeship programs exempt under special U. S. Department of Labor certification.
    Work Week
                     A work week will be a continuous period of 168 hours in the form of seven consecutive 24 hour periods.  The District’s work week begins at 12:01 a.m. each Monday for all employees and runs for seven consecutive days.  Each work week stands alone for the purpose of determining overtime pay for non-exempt employees.
    Hours worked
           
                    Hours worked means all hours during which the individual is required to be on duty--generally from the required starting time to normal quitting time.  Meal periods do not count as hours worked unless the individual is required to perform work duties during the meal period.  Break periods of twenty (20) minutes or longer do not count as work time.
     Travel
     
                    Ordinary travel time from home to base location or vice versa is not work time. Official travel that  occurs during an
                    individual’s regular working hours will be considered hours worked.
    Leave
                Time taken for annual leave, sick leave, leave without pay or other leave taken for the purpose of jury duty, military
                assignment, or because of death in the family shall not be counted as time worked and is therefore not counted as
                compensable time for the purpose of overtime pay.
     Part time in different capacity
     
                If individuals are employed in one capacity but voluntarily work part time in a different capacity on an occasional or
                sporadic basis, the hours logged in the secondary capacity will not be counted as hours worked for overtime purposes
    Substitution in same capacity
     
                Employees, at their own option but with the approval of the employer, may substitute during scheduled hours for other
                employees employed in the same capacity.  In the case of such substitution, the hours involved are credited to the
                scheduled employee and not to the substitute employee.  The employer need not maintain a record that the substitution
                has taken place.
      Overtime Hours
                    Overtime hours will be held to a minimum consistent with the needs and requirements of sound and orderly administration.  All overtime hours worked by non-exempt employees must be scheduled and duly authorized.  With respect to the payment of overtime in money, or in compensatory time, the district will have the discretion to determine which method of payment to choose.  The district reserves the right to require employees taking compensatory time to schedule comp time in minimal increments of four hours.  This requirement is subject to change by the district upon written notification to all affected employees.
    Where an employee in a single workweek works at two or more different types of work for which different straight-time rates have been established, the employee’s regular rate for that week is the weighted average of such rates.  (That is, the earnings from all such rates are added together.)  This total is then divided by the total number of hours worked at all jobs.
    Compensatory time off
                Non-exempt employees who work more than forty (40) hours during any work week may be awarded compensatory
                time off (“comp time”).  Comp time will be awarded at the rate of one and one-half hours for each hour of overtime
                worked.
               Comp time may be accrued up until two hundred forty (240) hours (160 overtime hours).  Overtime work
               beyond this maximum accrual will be monetarily compensated at the rate of one  and one-half (1 1/2) times the
                individual’s normal hourly rate of pay.
                Every effort will be made to permit the use of comp time at the time mutually agreed upon by the individual and his
                supervisor.  However, where the individual’s absence would unduly disrupt the district’s operations, the district retains the
                right to postpone comp time usage.
     
                Time off later for working on an official holiday will not be considered compensatory time off but as a delayed holiday. 
                Employees who are required to work on an announced holiday must be given equal time off within the same fiscal year.
     
                Monetary compensation
     
                Non-exempt employees who work in excess of 40 hours per work week will be paid at one-and-one-half times their
               “regular rate.” 
               Termination
     Individuals with unused comp time who are terminated or who terminate their employment will be paid for unused
     comp time at one and one-half (1 1/2) times their final regular rate of pay or for the average regular rate of pay for
     the final three years of employment, whichever is higher.
                Volunteers
                A volunteer is defined as an individual who receives no compensation or who is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered, and such services are not the same type of services which the individual is employed to perform for the district.
                Students
                Vocational students performing work as part of a curriculum are students and not workers.  Students helping in office capacities for short periods of time are volunteers and not employees.
                Exclusions
               Executive, administrative, and professional employees shall be considered exempt if they meet all of the following respective tests for exemption from coverage under the law.
    Highly Compensated Employees
                
    Employees who perform office or non-manual work and earn a salary of at least $100,000 per year will be completely exempt from coverage in that they regularly and customarily perform at least one of the duties of an exempt executive, administrative or professional employee.  The $100,000 compensation can include bonuses and commissions, but not benefits.
    Executive
    The employee’s primary duty consists of the following.
    • Management of the enterprise of a customarily recognized department or subdivision.
    • The employee must customarily and regularly direct the work of at least two or more other employees.
    • The employee must have the authority to hire or fire other employees; or whose suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees are given particular weight.
    The employee must be paid on a salary basis at a rate of at least $455 a week exclusive of board, lodging, or other facilities.
    Administrative
    The employee’s primary duty consists of the following:
    • Performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers
    • Includes the exercise of discretion and independent judgment with respect to matters of significance
    Professional
    The employee’s primary duty consists of the following:
    • Work requiring advance knowledge (defined as work which is predominately intellectual in character, and which includes work requiring consistent exercise of discretion and judgment) in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study
    • Work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor
    The employee must do work that is predominately intellectual and varied as distinguished from routine mental, manual, mechanical, or physical duties.
    The employee must be paid on a salary or fee basis at a rate of not less than $455 a week exclusive of board, lodging or other facilities.  This does not apply to teachers or other certified staff.
    Computer Employees
    The employee’s primary duty consists of the following:
    ·The application of systems analysis techniques and procedures, including consulting with users to determine hardware, software, or system functional specifications.
    ·The design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications.
    Permissible deductions
    The district can take deductions from an exempt employee’s salary for violations of workplace conduct rules without risking the loss of the exempt employee’s status.
    Safe harbor rule
    The district will lose overtime exemptions if and when it has an actual practice of making improper deductions from an employee’s salary.  The district may utilize a “safe harbor” to reduce the risk that improper deductions will destroy an exemption by ensuring the following.
    • Has a clearly communicated policy prohibiting improper deductions and includes a complaint mechanism
    • Reimburses employees for any improper deductions
    • Makes a good faith commitment to comply with FLSA regulations in the future
    The district will lose the protection of the “safe harbor” if it willfully violates the above provisions and continues to make improper deductions.
    Record-keeping
    Exempt employees
    The following records must be kept for each employee:
    • Name and identifying number
    • Home address
    • Birth date if the employee is under 19
    • Sex and occupation in which employed
    Non-exempt employees
    The following records must be kept for each employee:
    • Name and identifying number
    • Home address
    • Sex and occupation in which employed
    • Time and day on which his/her workweek or work period begins and length of the work period
    • Regular rate of pay for any workweek or work period
    • Hours worked each day and each workweek or work period
    • Total daily, weekly, or work period straight-time earnings (includes one time, but not time and one-half pay for overtime)
    • Overtime excess compensation (the “half time” or more extra compensation for overtime)
    • Total additions to or deductions from wages paid each pay period
    • Total wages paid each pay period
    • Date of payment and the pay period covered by the payment
    Retention of records
    Preserved for three years
    • Payroll records
    • Certificates, agreements, plans, notices, etc. (e.g. contracts, written agreements, or memoranda summarizing the terms of oral agreements)
    • Sales and purchase records
     Preserved for two years
    • Supplementary basic records such as basic employment and earnings records, wage rate tables and work time schedules
    • Order, shipping, and billing records
    • Records of additions to or deductions from wages paid
    • Records which explain the basis for payment of any wage differential to employees of the opposite sex in the same establishment (29 C.F.R. Sec 516.6)
              
    Policy GDBC-R, Issue Date 02/28/05