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6700 AdmGuide_Fair Labor Standards Act (FLSA)

State and Federal law require the Board to pay covered, non-exempt employees no less than the minimum wage.
In addition, covered, non-exempt employees are entitled to premium pay of not less than one and one-half (1 1/2)
times the employee’s regular rate of pay for all hours the employee works in excess of forty (40) hours in a work
week. The regular rate of pay includes all remuneration for employment paid to an employee, including base pay,
longevity pay, bonuses, and shift differentials. Hours worked includes all time that the employee is required to be
on duty or at the prescribed work-place, and all time during which the employee is allowed/permitted to work.
This includes any bona fide work that the employee performs on or away from the premises if his/her immediate
supervisors knows or has reason to believe the work is being performed. The District recognizes that the FLSA
does not permit averaging of hours over two (2) or more work weeks.
 
For covered, non-exempt employees who are currently paid on an annual salary basis, their salaries must be
divided by the hours the employees actually work in a given work week to verify the employees are receiving at
least the minimum wage.
 
Where a covered, non-exempt employee, works at two (2) or more different types of work in the same work week
for which different straight-time rates have been established, the regular rate for that week is the weighted average
of such rates, i.e. the earnings from all such rates are added together and this total is then divided by the total
number of hours worked at all jobs. In the alternative, Director of Human Resources and the employee may agree
in writing, in advance that the overtime pay will be paid at the rate of the work being performed during the overtime
period.
 
Classified employees who are represented by a bargaining unit should consult their negotiated agreement with
regard to the nature of their salary and how overtime will be calculated when necessary, and whether they can
receive compensatory time in lieu of overtime compensation.
 
A classified staff member must complete and submit for approval the specified form each time that compensatory
time in lieu of overtime compensation is given.
 
The Board will enter into an agreement with classified employees whose positions have been excluded from a
bargaining unit clarifying the nature of their salary and how overtime compensation will be calculated. The
agreement or understanding to use compensatory time for employees who do not have representatives must be
arrived at before the performance of work. Such agreement should be in writing, so that a record of its existence is
maintained. Where compensatory time arrangements are made with individual employees, the agreements need
not be the same for all employees, and compensatory time arrangements need not to be made available to all
employees.
 
An employee who has accrued compensatory time will be permitted to take the time off within a reasonable period
after making the request, provided the time does not unduly disrupt the District’s operations. Additionally, even
where compensatory time has been agreed upon, the Board of Education may still substitute cash for
compensatory time. Finally, if an employee is terminated or resigns, and s/he has accrued compensatory time
available, the employee will be paid at: (1) the average regular rate received by such employee during the last three (3) years of employment; or (2) the final regular rate received by such employee, whichever is higher.
 
Meal Periods
 
A bona fide meal period of thirty (30) minutes or more that occurs during the scheduled workday is not hours
worked if the employee is completely relieved from duty for the purpose of eating a meal, unless otherwise
specified in an applicable collective bargaining agreement.
 
Leave Status
 
Time spent in paid leave status is not considered hours worked, unless otherwise specified in an applicable
collective bargaining agreement.
 
FLSA Posting
 
Administrators and supervisors are directed to verify that the official State and Federal wage and hour posters are
displayed in a conspicuous place in the workplace.
 
Recordkeeping Requirements
 
It shall be the responsibility of all employees to record and submit an accurate account of their time worked each
week on approved forms or via electronic or machine timecards. An employee’s misrepresentation or failure to
submit an accurate account of his/her time worked may subject the employee to discipline up to and including
termination.
 
Non-exempt employee time records shall be verified by a supervisor who has personal knowledge of the hours
worked by the employee. It shall be a violation of this guideline for a supervisor to ask a non-exempt employee to
record fewer hours than were actually worked by the employee.
 
The District will maintain the following records for all employees:
 
    • Employee’s full name, Social Security Number, home address (including zip code), occupation, sex, DOB (if
      under nineteen (19) years of age)
 
    • Time and day of week when employee’s work week begins
 
    • Total hours worked each work day and each work week
 
    • Basis on which employee’s wages are paid (e.g., "$6 an hour," "$240 a week")
 
    • Regular hourly pay rate
 
    • Total daily and weekly straight time earnings
 
    • Total overtime earnings for the work week
 
    • All additions to and/or deductions from the employee’s wages
 
    • Total wages paid each pay period
 
    • Date of payment and the pay period covered by the payment
 
Payroll records will be maintained for at least three (3) years, and time cards and wage computation records
(including work and time schedules will be maintained for at least two (2) years.
 
Volunteers
 
The FLSA requires that non-exempt employees must be compensated for all hours they are required or permitted
to work. Consequently, even if an employee "volunteers" to work beyond his/her normally scheduled hours, the
Board will still compensate the employee for those hours worked. An individual is considered to be a "volunteer"
only if the following conditions are met:
 
    A. Services are performed for which no compensation is received beyond expenses or a nominal fee.
 
    B. Services rendered are not the same type of services that the individual is employed to perform for the Board. 
 
        Example:  A custodial employee who wishes to volunteer as an athletic coach would not be considered
        an employee while volunteering and therefore not entitled to compensation for his/her efforts as a coach. If,
        however, the employee is compensated (i.e., pursuant to a supplemental contract), the employee’s hours as
        a coach would need to be included in the calculation of "all hours worked" in a given work week, and the
        employee would be entitled to at least minimum wage for the supplemental duties, as well as overtime for
        any hours s/he worked beyond forty (40) in a given work week for the Board.
 
Additional Information Concerning the FLSA
 
Additional information the FLSA can be found at the Department of Labor’s website (www.dol.gov).
 
Approved/Adopted:  July 13, 2009
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Shari Weinstock,
Aug 3, 2011, 11:47 AM