The technology center will comply with all aspects of the Fair Labor Standards Act (FLSA). Any employee who has questions regarding overtime or believes that the FLSA is not being correctly followed should immediately report this to a district administrator.
The penalties for even inadvertent FLSA violations are severe. Any employee, regardless of position, who violates any aspect of this policy will be subject to disciplinary sanctions up to and including termination.
Employees will be notified of their FLSA classification as a part of their job description, but any employee who believes that a misclassification has occurred must immediately notify his/her supervisor of the suspected error.
Exempt employees. Exempt employees are not entitled to overtime or comp time for working more than forty (40) hours in a workweek. Exempt employees generally include positions such as superintendents and deputy superintendents, directors, assistant directors, certified counselors, BIS coordinators, non-certified instructors, and teachers.
Non-exempt employee. Non-exempt employees are entitled to overtime or comp time for working more than forty (40) hours in a workweek. Non-exempt employees generally include positions such as bus drivers, custodians, maintenance employees, office and administrative assistants, support and paraprofessional personnel.
Noncovered positions. Board members and volunteers are not covered by the FLSA. Due to FLSA regulations, non-exempt employees may only volunteer as a parent/grandparent/etc. in a role typically assigned to volunteers. Additionally, those volunteer services must be unrelated to the employee’s compensated duties.
Non-exempt employees are permitted to work multiple assignments as long as the combination of those assignments does not make it likely that the employee will work more than forty (40) hours per week. Non-exempt employees who work multiple positions at different hourly rates will be paid for authorized overtime at a blended rate.
Employment benefits for non-exempt employees will be granted based on the employee’s primary position unless otherwise provided by law. The primary position is the position in which the employee works the most hours.
Exempt employees will not be employed in multiple positions if such employment would jeopardize the employee’s exempt status. Exempt employees may be assigned an extra duty (coaching, activity sponsor, etc.) and receive a stipend in accordance with the terms of an extra duty contract.
Employees will be assigned a method for keeping track of work hours. Each employee is responsible for the complete and accurate reporting of his/her time and must verify that the time reported is truthful to the best of the employee’s knowledge and experience. An employee utilizing an alternate method of time keeping is, likewise, required to ensure that the times listed by the employee are complete and accurate and recorded to the best of the employee’s knowledge and experience and is subject to the same requirements and penalties as an employee utilizing a time clock.
An employee who identifies an erroneous entry on his or her time card or record should immediately bring the error or mistaken entry to the attention of his/her supervisor and both should insert and initial the correct entry or information on the time record.
Employees must contact their supervisors if they notice an error on their time records. Falsifying time records, including under-reporting hours worked, is strictly prohibited.
No employee may work overtime without prior authorization. Supervisors are required to strictly enforce the district’s prohibition on working unauthorized overtime.
Paying Overtime and Comp Time
The FLSA extends flexibility to school districts in adopting arrangements that provide compensatory time off in lieu of monetary overtime compensation. Accordingly, the technology center will provide, within reasonable limits, compensatory time off. The calculation used to determine the amount of compensatory time available to a non-exempt employee is one and one-half hours of compensatory time for each hour of overtime worked. Compensatory time received by an eligible employee extinguishes the employee’s entitlement to monetary overtime compensation. Compensatory time off is subject to all of the conditions provided in this policy. The administration shall, at all times, retain the authority to make the decision to permit an employee to accumulate and use compensatory time or to pay the employee for overtime worked; however, the standard of time and one-half for overtime hours worked shall apply in either instance. The district’s policy and applicable procedures concerning compensatory time are more fully detailed below.
Prior Approval of Overtime Required
Except in the rare event of a bona fide emergency, overtime will not be allowed to any non-exempt support employee unless prior approval has been given, in writing, by the employee’s supervisor or his/her designee. Non-exempt support employees working in excess of forty (40) hours per work week without prior written approval may be subject to appropriate disciplinary action, up to and including the possibility of dismissal.
Calculation of Compensatory Time
If a non-exempt support employee is properly assigned to work more than forty (40) hours in a work week, the district may provide compensatory time (“comp time”) off in lieu of monetary overtime compensation at a rate of not less than one and one-half (1 1/2) hours of compensatory time for each hour of overtime worried. It shall be the responsibility of the employee and the employee’s supervisor to maintain accurate records of all comp time accrued. All overtime recorded to be accrued as comp time must be requested in the time keeping system by the employee and approved in the time keeping system by the immediate supervisor or his or her designee by the end of the week following the week in which the overtime is worked.
Scheduling Use of Compensatory Time
Any non-exempt employee who has accrued comp time and who requests the use of the comp time shall be permitted to use the comp time by the end of the current quarter, after making the request, as long as use of the comp time does not unduly disrupt the operation of the technology center. All requests to use comp time must be requested in the time keeping system. If the request is denied, then the employee and supervisor are to arrange an alternate date for the comp time to be used within the current quarter.
When Hours are Not Considered Work Hours
Time periods in excess of twenty (20) minutes during which the employee is not actually performing job duties will not be included as “hours worked” if the time can effectively be used for the employee’s own purpose.
Payment for Comp Time
Comp time which has not been used by the end of the quarter in which it was earned (September, December, March, and June) will be paid on the following month’s payroll (October, January, April, and July).
Any non-exempt employee whose employment with the technology center terminates and who has accrued but not used comp time shall be paid at his or her regular hourly or salary rate in effect at the time the employee receives the payment. The technology center reserves the right, at any time, to substitute a cash payment, in whole or in part, for comp time.
Notice of Policy to Non-Exempt Employees
A copy of this policy will be provided to all of the technology center’s non-exempt employees along with a compensatory time agreement that employees will sign and that the employee’s supervisor will sign. The agreement, unless withdrawn by the district, will remain in effect while the employee works for the district. This compensatory time off policy shall be considered as a condition of employment for all non-exempt support employees of the district.
Adopted: January 19, 2017