FILE:  GBAA

Cf:  GBA

 

WORK SCHEDULES AND OVERTIME

(Fair Labor Standards Act Requirements)

 

 

MINIMUM WAGE

 

The minimum wage paid on an hour-by-hour basis to all school system employees, either full or part time, permanent or temporary shall be equal to the federal minimum wage.

 

WORK WEEK

 

A workweek shall be a continuous period of 168 hours in the form of seven consecutive 24-hour periods.  The school system workweek begins at 12:01 a.m. each day for all employees and runs for seven consecutive days.  Each workweek stands alone for the purpose of determining overtime pay for non-exempt employees.

 

HOURS WORKED FOR OVERTIME REQUIREMENTS

 

Hours worked for non-exempt employees 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.  Hours worked do not apply to exempt employees.  Exempt employees are excluded from the overtime requirements and their work schedules may include meetings, extracurricular activities, parent conferences, planning time and other professional responsibilities of the position.

 

TRAVEL

 

Ordinary travel time from home to a work or school location or vice versa is not work time. Official travel that occurs during an individual's regular working hours shall 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 voluntary capacity shall not be counted as hours worked for overtime purposes.

 

OVERTIME HOURS

 

Overtime hours will be held to a minimum consistent with the needs and requirements of sound and orderly administration.  The Superintendent or a designee shall approve all overtime in advance.  Overtime assignments shall be permitted only when required by operational necessity.  All hours worked by non-exempt employees must be scheduled and duly authorized.  Overtime hours worked over forty (40) hours during the workweek must be authorized in writing by the building principal or department head prior to the time the work is performed.  Unauthorized overtime shall not be tolerated.

 

Where an employee in a single workweek works at two (2) 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.

 

MONETARY COMPENSATION

 

Non-exempt employees who work in excess of forty (40) hours per work-week shall 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 shall be paid for unused comp time at one and one-half times their final regular rate of pay or for the average regular rate of pay for the final three (3) 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 FROM OVERTIME REQUIREMENTS

 

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.

Payment on a salary basis as referenced in each of the following sections means an employee regularly receives a predetermined amount of compensation each pay period on a weekly, or less frequent, basis.  The predetermined amount cannot be reduced because of variations in the quality or quantity of the employee's work.  Subject to exceptions listed below, an exempt employee must receive the full salary for any week in which the employee performs any work, regardless of the number of days or hours worked.  Exempt employees do not need to be paid for any workweek in which they perform no work.  If the School Board makes deductions from the employee's predetermined salary, i.e., because of the operating requirements of the business, that employee is not considered to be paid on a salary basis, which can result in the loss of the exemption.  If the employee is ready, willing and able to work, deductions may not be made for time when work is not available.

 

Deductions from pay are permissible when an exempt employee:  is absent from work for one or more full days for personal reasons other than sickness or disability; for absences of one or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy or practice of providing compensation for salary lost due to illness; to offset amounts employees receive as jury or witness fees, or for military pay; for penalties imposed in good faith for infractions of safety rules of major significance; or for unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule infractions.

 

Executive

 

  1. The employee must be compensated on a salary basis at a rate not less than $455 per week; and

  2. The employee's primary duty must be managing the school system, or managing a customarily recognized department or subdivision of the school system; and

  3. The employee must customarily and regularly direct the work of at least two (2) or more other full-time employees or their equivalent; and

  4. The employee must have the authority to hire or fire other employees, or the employee's suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight.

 

Administrative

 

  1. The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week; and

  2. The employee's primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the school system or directly related to academic instruction or training in an educational establishment; and

  3. The employee's primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.

 

Learned Professional

 

  1. The employee must be compensated on a salary or fee basis at a rate not less than $455 per week; and

  2. The employee's primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment; and

  3. The advanced knowledge must be in a field of science or learning; and

  4. The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.

 

RECORD-KEEPING

 

Exempt Employees

 

The following records must be kept for each employee:

 

  1. Name and identifying number

  2. Home address

  3. Birth Date if the employee is under 19

  4. Sex and occupation in which employed

 

Non-exempt Employees

 

The following records must be kept for each employee:

 

  1. Name and identifying number

  2. Home address

  3. Sex and occupation in which employed

  4. Time and day on which his or her workweek or work period begins, and length of the work period

  5. Regular rate of pay for any workweek or work period

  6. Hours worked ach day and each workweek or work period

  7. Total daily, weekly, or work period straight-time earnings (includes one time, but not time and one-half pay for overtime

  8. Overtime excess compensation (the half time or more extra compensation for overtime)

  9. Total additions to or deductions from wages paid each pay period

  10. Total wages paid each pay period

  11. Date of payment and the pay period covered by the payment (29 CFR 516.2)

 

Retention of Records

 

Records to be Preserved Three Years:

 

  1. Payroll records

  2. Certificates, agreements, plans, notices, etc. (e.g. contracts, written agreements or memoranda summarizing the terms of oral agreements)

  3. Sales and purchase records (29 CFR 516.5)

 

Records to be Preserved Two Years:

 

  1. Supplementary basic records
     

  2. Basic employment and earnings records
     

  3. Wage rate tables
     

  4. Work time schedules
     

  5. Order, shipping and billing records
     

  6. Records of additions to or deductions from wages paid
     

  7. Records that explain the basis for payment of any wage differential to employees of the opposite sex in the same establishment (29 CFR 516.6)

 

SPECIAL SITUATIONS

 

Non-exempt employees - cannot volunteer to work performing normal duties, for example, janitors to clean up after events without such time counting as hours worked during that workweek.

 

Meetings - when authorized or required will be counted as hours worked.

 

In-Service Training - when authorized or required will be counted as hours worked.

 

Extracurricular Activities - when non-exempt employees work in extra curricular activities such as coaching and cheerleader sponsor, etc., the time will count as hours worked.

 

Waiver of Rights - non-exempt employees will not be allowed to waive their rights under Fair Labor Standards Act (FLSA).

 

Bus Drivers - uninterrupted time off between the morning and afternoon runs will not count as hours worked.

 

Students - Vocational students performing work as part of a curriculum are students and not workers, therefore, wages are not mandatory under FLSA.  Students helping in office capacities for short periods of time are volunteers and not employees and wages are not mandatory under FLSA.

 

ACKNOWLEDGEMENT OF POLICY

 

Employees shall be provided a copy of this policy and shall be required to sign a statement to acknowledge their receipt of the policy.  In addition, non-exempt employees shall be required to sign a specific agreement for the use of comp time.

 

 

Ref:    29 USC 201 et seq. (Fair Labor Standards Act of 1938, as amended)

La. Rev. Stat. Ann. ยงยง17:84.1, 17:196

Board minutes, 3-1-05, 5-10-05

 

Grant Parish School Board