PURPOSE
The purpose of this policy is to ensure that the Ocean Springs School District is in compliance with the requirements of the Fair Labor Standards Act (FLSA), 29 U.S.C. ' 201 et seq.
EXEMPT EMPLOYEES
Certain employees are exempt from coverage of the FLSA and are not subject to compensation for overtime work. Exempt employees include executive, administrative and professional employees. Examples include, but are not limited to, certified professional employees such as teachers, counselors, supervisors and administrators. Certain non-certified administrators are also exempt and include Business Managers, Transportation Directors, Maintenance Directors and other similar administrative and supervisory positions. Supervisors should seek advice from the School Board Attorney if there is a question whether a position is exempt.
COVERED EMPLOYEES
Employees in the job classifications listed below are generally considered to be non-exempt and are covered by the FLSA unless a specific exception exists. In those instances the reasons for the exempt status will be specifically outlined.
Secretaries Bookkeepers
Clerks Mechanics
Janitors Cafeteria Personnel
Assistant Teachers Substitute Teachers
Bus Drivers Maintenance Personnel
Security Data Entry Operators
In some instances employees may perform dual jobs for the District, such as bus driver/maintenance worker. If duties of the two jobs require the employee to work overtime, the amount due will be calculated using the method described below under OVERTIME PAY.
EMPLOYMENT RELATIONSHIPS
No employment relationship is created between student teachers or students and the District due to the circumstances surrounding their activities.
No employment relationship is created between the District and individuals who volunteer and donate their services to the District as a public service without contemplation of pay.
The hiring of off-duty policemen or deputies on a part time basis by the District for crowd control or for security purposes does not create a joint employment relationship between the District and the city or county with which the policemen or deputies are employed. The District is separate and distinct and acts entirely independent of other governmental entities.
HOURS WORKED
The work week for the Ocean Springs School District begins on Sunday and ends on Saturday. Each employee subject to the FLSA shall be paid for all hours worked. Compensable time includes all time that an employee is required to be on duty. Coffee breaks, waiting time and meal periods, which are frequently interrupted by calls to duty, are hours worked and are compensable.
Hours worked shall be accurately recorded by each employee on the monthly or weekly time sheet in the form which is provided by the District. Employees using time sheets shall furnish all information requested and shall record the exact time of arrival and departure from work. Employees are expected to arrive and depart at the time specified by his/her supervisor unless requested to work overtime by his/her immediate supervisor. All overtime shall be recorded by each employee on the time sheet or time card.
No overtime shall be worked without prior written permission by the employee's immediate supervisor. In the event of emergencies requiring work in excess of 40 hours in a work week, the employee shall inform his/her supervisor as soon as practicable regarding the overtime worked.
exact time of arrival and departure from work.
The District will pay unto all District employees, either full time or part-time, permanent or temporary, the minimum wage as determined by the federal government; except under designated training and apprenticeship programs which are exempt pursuant to federal law.
I. The work week shall be defined as a period of one hundred sixty eight (168) hours, consisting of seven (7) consecutive twenty-four (24) hour days, beginning 12:01 a.m. on Sunday, and continuing for seven (7) consecutive days. The work week defined herein shall apply to all employees and each work week shall be considered alone in determining overtime pay for non-exempt employees.
II. The hours worked by an employee shall consist of times that the employee is required to be on duty from starting time to normal quitting time pursuant to the schedule of the school or administrative building at which the employees perform their duties.
A. Any annual leave, sick leave, personal leave, or any other leave used by any employee shall not be counted as time worked and shall not be counted as compensable time for purposes of determining overtime pay.
B. An employees travel to and from work each day shall not be considered work time for purposes of determining overtime pay; however, official travel that is required during an individual’s working hours from their base location to other sites shall be considered work time for purposes of determining overtime pay.
III. Those individuals who are considered non-exempt employees pursuant to the Fair Labor Standards Act shall be paid time-and-a-half either in money or compensatory time off for each hour or work performed in excess of forty (40) hours in a given week.
A. The Superintendent, principal, building administrator or Superintendent’s designee shall determine whether it is necessary for an employee to work overtime.
B. Prior to the performance of any work in excess of forty (40) hours in a given work week, the employee must schedule the overtime work and have the same approved and authorized by the Superintendent, principal, building administrator, or Superintendent’s designee. The authorization for work in excess of forty (40) hours in a given work week by an employee must be in writing and unauthorized overtime will not be tolerated.
C. For each hour of work performed by an employee in excess of forty (40) hours in a given work week, overt ime compensation shall be paid as follows:
1. The employee shall be paid the rate of one-and-one-half times their regular rate for each hour of work performed in excess of forty (40) hours in a given work week.
2. In the event that an employee is employed in two (2) or more non-exempt positions which have different rates of pay, the District will pay the employee overtime compensation based upon the weighted average of such rates. As such, the earnings from all rates of pay are added together and then divided by the total number of hours worked at all jobs.
3. As an alternative to monetary payment, an employee who works more than forty (40) hours in a given work week may be awarded compensatory time off (“comp time”). Compensatory time off shall be provided at a rate of one-and-one-half hours for each hour of overtime work performed.
a. A total of two hundred forty (240) hours (160 overtime hours) of comp time is the maximum amount of comp time which shall be allowed. Any overtime worked beyond this maximum shall be paid, in cash, in accordance with Paragraph C (1) above.
b. Employees who have opted to be awarded comp time in accordance with this policy shall be permitted to use such time within a reasonable time, so long as the use of comp time does not unduly disrupt the operation of the employee’s office, department, position, school or bus location.
c. That each employee that is defined as non-exempt pursuant to the Fair Labor Standards Act shall be given the opportunity to enter into a voluntary agreement with the District which allows the awarding of comp time in lieu of cash payment for each hour of work performed in excess of forty (40) hours in a given work week. Any such agreement shall not be a condition of employment.
d. The use of comp time as an alternative to cash payment for overtime work performed will only be used for those employees who enter into an agreement with the District as contemplated by the preceding sub-paragraph.
IV. Upon termination of employment, an employee will 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) year of employment, whichever is greater.
V. Certain employees of the District are employed in a capacity which is classified as exempt from the requirements of the Fair Labor Standards Act. Those categories of “exempt” status that are recognized by the District include, but are not limited to, the following:
A. Volunteers: A volunteer shall be defined as a person who performs some service to the District for civic, charitable, or humanitarian reason, without promise, expectation or receipt of compensation. An employee may not volunteer services if the service performed is the same type of service performed by the individual as part of the job description.
B. Students: Students performing work as part of curriculum or students helping around the school for short periods of time are not considered employees for purposes of the Fair Labor Standards Act.
C. Executive Employees: An employee will be considered an executive employee that is exempt for the purposes of the Fair Labor Standards Act if:
1. the employee’s primary duty is the management of the District of a recognized subdivision or department of the District; and,
2. the employee customarily and regularly directs the work of at least two (2) employees within the District; and,
3. the employee has the authority to make employment decision concerning the hiring or termination of employees, or has the authority to recommend hiring or termination of an employees; and,
4. the employee customarily and regularly exercises discretionary powers; and
5. the employee does no devote more than 20% of his/her hours worked to activities not directly or closely related to his/her primary duty; and
6. the employee is paid a salary of at least $455.00 week.
D. Administrative Employees: An employee will be considered an Administrative Employee if the employee’s primary duty consists of either of the following:
1. Responsible office or non-manual work directly related to management, policies, general business operations of the employer; or,
2. Responsible work that is directly related to academic instruction or training in the administration of a school system. Additionally, the employee must do one of the following to be considered an Administrative employee:
a. Assist a bone fide executive or administrative employee;
b. Perform work under only general supervision along special and technical lines requiring skill, training, experience or knowledge;
c. Perform special assignments under only general supervision.
d. An administrative employee must also customarily exercise discretion and independent judgment and must have authority to make important decisions.
e. An administrative employee must not spend more than twenty percent (20%) of time worked in a work week on work that is not closely related to administrative duties.
f. The employee must be paid a salary of at least $455.00 per week, exclusive of Board, lodging, etc.
E. Professional Employee: An employee will be classified as a professional employee if the employee’s primary duty consists of one of the following:
1. Wo rk requiring knowledge of an advanced type in a field of science or learning customarily obtained by a prolonged course of specialized instruction and study; or,
2. Work that is original and creative in character in a recognized field of artistic endeavor, the result of which depends primarily upon the employee’s imaginations, talent or invention; or,
3. Work as a teacher or certified or recognized as such in a school system or educational institution by which he/she is employed.
A professional employee must consistently exercise discretion and judgment. Further, a professional employee must not spend more than twenty percent (20%) of the time worked in a work week on activities which are not a part of or incidental to the professional duties of the employee. The professional employee must receive a salary of at least $455.00 per week in order to be exempt pursuant to the Fair Labor Standards Act.
F. Occasional or Sporadic Employee: An employee will be considered as occasional or sporadic if an individual, solely at their option, performs services for the District which are infrequent, irregular or scattered.
1. If a District employee engages in occasional or sporadic activity, the service performed must not fall within the same general occupational category as the employee’s regular work.
VI. The District shall maintain and preserve records of all employees and records will be turned into the business office weekly. The District will maintain the following records for a period of three (3) years:
A. The name, address, social security number, sex and home address of each employee.
B. Each employee’s regular rate of pay for any work week or work period.
C. Hours worked each day and each work week for non-exempt employees.
D. Time and day on which each non-exempt employee’s work week begins and ends.
E. Total straight time pay.
F. Overtime compensation of comp time accumulated.
G. Total wages paid to each non-exempt employee each pay period.
H. Date of payment and pay period covered by payment.
Furthermore, the District shall also maintain the following records for a minimum of three (3) years:
1.Payroll records.
2.Sales and purchase records.
3.Certificates, contracts, memoranda, agreements, etc.
4.Shipping, billing and order records.
5.Work time schedules.
6.Additions or deductions from wages.
BREAKS AND MEAL PERIODS
Although not required by the FLSA, employee should be allowed coffee breaks of no more than 15 minutes when appropriate. The time of day for breaks and their length shall be determined by each employee's immediate supervisor.
Meal periods for some employees shall be counted as hours worked since they are frequently interrupted by calls to duty and therefore are compensable. Those employees with bona fide meal periods of 30 minutes or more shall be completely relieved of duty for the purpose of eating a regular meal and shall not be required to perform any work during that meal period.
MINIMUM WAGE
All employees subject to the FLSA shall be paid not less than the current minimum wage.
OVERTIME PAY
It is the policy of the District that compensation for overtime work will be paid in the form of compensatory time off. Compensatory time shall be awarded on the basis of 1 2 hour for each hour of overtime worked. An employee will not be permitted to accumulate more than 240 compensatory time hours (160 regular hours). Employee must take the compensatory time when it is agreeable with his/her supervisor. However, the supervisor's consent shall not be unreasonably withheld.
In the event the District decides to pay for overtime work in the form of monetary remuneration, the employee shall be paid not less than 1 2 times his/her regular rate of pay for all hours worked over 40 hours in a work week. Overtime pay due an employee shall be computed on the basis of hours worked in each work week.
For employees paid on an hourly rate, the overtime will be based on that hourly rate. For employees paid on a salaried basis, the monthly salary will be reduced to its weekly hourly rate, from which overtime compensation will be calculated. Employees shall be paid for each and every hour worked. For those employees working 2 or more jobs for the District, overtime pay shall be calculated on the basis of a blended hourly rate on all jobs worked calculated by dividing the total amount of remuneration received in a work week by the total hours worked in that work week. The employee shall be paid one-half of the blended hourly rate times the number of hours worked over 40.
ADJUSTMENT OF SCHEDULES
Supervisors may adjust schedules within a work week to prevent the necessity of an employee working more than 40 hours in that work week.
RECORD KEEPING
The Superintendent shall require all records on wages, hours and other items to be maintained in accordance with the FLSA. Wage and Hour posters shall be displayed at each District worksite.
ENFORCEMENT
District shall, at all times, cooperate with authorized representatives of the Department of Labor who may visit a work site. If an employee believes he/she has not been paid in accordance with the FLSA, the employee shall notify his/her supervisor and the Superintendent. Employees who believe they have not been paid in accordance with the FLSA may file a complaint with the United States Department of Labor. The District shall not retaliate in any manner whatsoever against an employee for the filing of such complaints.
District employees responsible for supervising employees subject to the FLSA who willfully violate the terms of this policy shall be subject to disciplinary action by the District. Any disciplinary action taken by the District will be in addition to any relief granted an employee by the U. S. Department of Labor or a court of law.
LEGAL REF.: Fair Labor Standards Act (FLSA), 29 U.S.C. ' 201 et seq.
ADOPTED: 02/14/2006