FILE: GBAA
Cf: GBA
COMPENSATION GUIDELINES/OVERTIME
MINIMUM
WAGE
The
minimum wage paid on an hour-by-hour basis to all school system employees
whether full or part time, permanent or temporary will be equal to the federal
minimum wage.
WORKWEEK
A
workweek is 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 Monday for all employees and consists of seven (7) consecutive days.
Each workweek stands alone for the purpose of determining overtime pay
for nonexempt employees.
WORK
SCHEDULES
The work
schedule for exempt employees such as principals, teachers and others will vary
as to time of reporting and will continue until professional responsibilities to
students, school, and the Livingston Parish School System are completed.
Administrative meetings, curriculum development, pupil supervision, assigned
duties, parent conferences, group or individual planning, extracurricular
activities, School Board and Board Committee meetings may require hours beyond
any stated minimum. The Superintendent or his/her designee, consistent with the
FLSA and the provisions of this policy, will define work schedules for nonexempt
employees.
SALARIES
A fixed
salary is paid to nonexempt employees for hours worked for forty (40)
hours in a workweek.
Nonexempt employees who have a work schedule of fewer than forty (40) hours in a
workweek are not paid overtime compensation unless the employee works more than
forty (40) hours in a workweek. Such employees will be paid their regular rate
of pay for time worked up to forty (40) hours.
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.
CLASSIFICATION OF EXEMPT OR NONEXEMPT EMPLOYEES
Exempt
– Employees who are not eligible to receive overtime compensation.
These employees are generally salaried employees whose primary duties are
directly related to the management or administrative and business functions
within the school system. Learned
professionals, such as teachers, are also classified as exempt.
Other exempt employees may include, but not be limited to, the
Superintendent, supervisors, principals, assistant principals, and department
heads.
Nonexempt
– Employees who are eligible to receive overtime compensation.
These employees perform work involving repetitive manual operations, such
as maintenance employees, food service employees, janitors and custodians, bus
drivers, and security personnel.
Nonexempt employees may also include office employees who perform non-manual
labor, such as secretaries, paraprofessionals, clerks, bookkeepers, nurses,
data-processing operators and technicians.
Utilizing the provisions of and accompanying regulations implementing the Fair Labor Standards Act, the School Board shall classify all employees of the school system as exempt or nonexempt for purposes of determining eligibility for overtime compensation.
HOURS WORKED FOR OVERTIME
REQUIREMENTS
Hours worked for nonexempt employees includes 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 responsibilities
of
the position.
OVERTIME COMPENSATION
Nonexempt employees who work in
excess
of forty (40) hours per workweek will earn
compensation at one-and-one-half times their
regular rate for all hours more than forty (40). However, the School
Board discourages overtime work (more than forty hours in a workweek) by
nonexempt employees.
OVERTIME HOURS
Overtime hours (more than forty hours worked in a workweek) will be held to a
minimum
consistent with the needs and requirements of sound and orderly administration.
The
Superintendent or his/her designee shall approve all overtime in advance.
Overtime assignments of nonexempt employees shall be
permitted only when required by
operational necessity. All hours
worked by nonexempt employees must be scheduled and duly authorized.
Any hours worked by a nonexempt employee 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
will not be tolerated. All
supervisory personnel must monitor overtime use on a weekly basis and report
such use to the Superintendent or his/her designee.
Flexible Time
Principals or supervisors may need to adjust daily schedules of nonexempt
employees to maintain a consistent forty (40) hour workweek. Accurate and
complete time sheets and/or records
of
the actual hours worked during a workweek
shall be signed by each nonexempt employee and supervisor and submitted to the
payroll department.
Building principals, department heads and other supervisors are subject to
discipline for allowing nonexempt employees under their supervision to work more
than forty (40) hours in a
workweek without the Superintendent's or his/her
designee’s advance approval.
Nonexempt employees are not allowed to begin their duties prior to their scheduled
start time and supervisors are to
monitor sign-in procedures to prevent such employees
performing duties prior to the start time.
Maintenance Personnel
The
following guideline will be used to determine the selection of overtime for
personnel in the Maintenance Department of the Livingston Parish School Board:
1.
The selection of overtime personnel in the Maintenance Department shall
be on a rotational basis by craft.
2.
The rotational selection shall continue throughout the fiscal year and
reset on July 1st of each year.
3.
A monthly overtime chart which divides all maintenance personnel by craft
will be utilized to determine selection of overtime on a rotational basis.
Each time an employee is offered overtime, the employee will have the
option of “working overtime.”
COMPENSATORY TIME OFF
Nonexempt employees who work more than forty (40) hours during any workweek may
be provided compensatory time (comp time) off.
Compensatory time will be provided at the rate of one and one-half hours
for each hour of overtime worked.
Compensatory time may be accrued up until 240 hours (160 overtime hours).
Overtime work beyond this maximum accrual amount shall be paid in cash.
Every
effort shall be made to permit the use of compensatory time at the time mutually
agreed upon by the individual and employee's supervisor. However, where the
individual's absence would unduly disrupt the school system operations, the
school system retains the right to postpone the usage of any compensatory time.
TRAVEL
Ordinary
travel time from home to a work site or a school location or vice versa is not
work time. Official travel during an
individual's regular working hours will be considered hours worked.
LEAVE
Time
taken for compensatory time off, 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 is not counted as hours worked to determine if a
nonexempt employee worked more than forty (40) hours in a workweek.
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 offered freely and without coercion, direct or implied, from
the School Board. If an employee of
the School Board wishes to volunteer, the volunteer services must be different
from the services the employee is employed to perform.
The Superintendent or his/her designee must approve any exception.
EXCLUSIONS FROM OVERTIME PAY REQUIREMENTS
Executive, administrative, professional and certain computer employees are
identified as exempt from overtime pay if their job duties and salary meet the
rules for one or more of the categories of exemption provided by the FLSA and
the implementing regulations. A list
of the exempt employees will be maintained by the Human Resources Department.
RECORD-KEEPING
Exempt
Employees
The following records must be kept for each employee:
· Name and identifying number
· Home address, including zip code
· Birth date if the employee is less than nineteen (19)
· Sex and occupation in which employed
Nonexempt Employees
The following records must be kept for each employee:
· Name and identifying number
· Birth date, if younger than nineteen (19)
· Home address, including zip code
· Sex and occupation
· Time and day of week when employee's workweek begins
·
Hours
worked each day
·
Total
hours worked each workweek
·
Basis on which
employee's wages are paid (e.g. "$6 an hour", "$220 a week")
·
Regular hourly
rate
·
Total daily or
weekly straight-time earnings
·
Total overtime
earnings for the workweek
·
All 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 (29 C.F.R. §516.2)
RETENTION OF PAYROLL RECORDS (See also policy
DIE, Retention of Records)
Records to be Preserved For
Three (3) Years:
· Payroll records
· Certificates, agreements, plans, notices, etc. (e.g. contracts, written agreements memoranda summarizing the terms of oral agreements)
· Sales and purchase records (29 C.F.R. §516.5)
Records to be Preserved for Two (2) Years:
·
Supplementary
basic records
·
Basic
employment and earnings records
·
Wage rate
tables
·
Work time
schedules
·
Order,
shipping and billing records
· Records of additions to or deductions from wages paid
· Records that explain the basis for payment of any wage differential to employees of the opposite sex in the same establishment (29 C.F.R. §516.6)
SPECIAL SITUATIONS
Meetings
- when authorized or required will be counted as hours
worked for nonexempt employees.
In-Service
Training - when authorized or required will be counted as hours worked
for nonexempt employees.
Waiver of Rights -
nonexempt employees shall 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. The
payment of wages is not mandatory under FLSA.
Release
time
- the
Superintendent may grant exempt employees release time from their duties in the
event of required extended periods of duty due to extreme emergencies such as
some natural disasters or man-made disasters.
Such release time may not affect the orderly operation of the school
system.
Flexible
time (flex time) -
A principal or supervisor may adjust the hours and schedule of a nonexempt
employee within a workweek. An
employee may be given a different reporting time or quitting time due to a
scheduled evening requirement during the workweek.
Recoded
and Revised: April, 2008
Ref: 29 U.S.C. Section 201, et.seq. (The Fair Labor Standards Act of 1938, as amended); Garcia v. San
Antonio Metropolitan Transit Authority et al., 105 S.Ct. 1005 (February
1985); La. Rev. Stat. Ann. §§17:84.1, 17:196 et. seq., 17:422.5; Board minutes,
5-17-07, 4-24-08.