| Subject: | GENERAL POLICIES RELATED TO OVERTIME AND COMPENSATORY TIME |
| Source(s): | Board Policy 8821; Fair Labor Standards Act |
1. Overtime or compensatory time will be paid as negotiated and approved by the Board in the current, appropriate Collective Bargaining Agreement, and in compliance with the Fair Labor Standards Act.
2. Overtime or compensatory time must be pre-approved by the immediate supervisor; in the case of custodial or maintenance staff, it shall be pre-approved by or reported to the Director of Building Services at the end of the pay period in which it was earned.
3. If a supervisor is uncertain about the availability of funds for overtime, s/he should check with his/her immediate supervisor.
4. Employees covered by the Fair Labor Standards Act must be compensated at the rate of time and one-half for all hours worked in excess of 40 hours per work week, with the exception of Supportive Educational Employees who must be compensated at the rate of time and one-half for all hours worked over 38 3/4 hours (pursuant to the Collective Bargaining Agreement). Overtime is owed only for actual hours worked exclusive of paid vacation leave, sick leave, compensatory leave, etc.
5. In lieu of monetary overtime compensation, employees may be offered compensatory time at the rate of time and one-half. Such compensatory time may not accumulate in excess of 240 hours. After this level has been reached, employees must be paid in cash for all hours worked in excess of 40 hours per work week; 38 3/4 hours/week for Supportive Educational Employees.
6. Under the FLSA, work in excess of 40 hours per week initiated by an employee, whether or not requested by an employer, but permitted to be done, is compensable time and must be counted as a part of the employee's work week. If the employer knows or has reason to believe that work is being performed, even if that work is performed at home, such work is considered compensable time. The employer need not have required, directed or suggested that the employee work. So long as a supervisor is aware of the fact that the work is being performed, the time worked is considered compensable time.
The issuance of a rule or procedure requiring authorization prior to the working of extra hours is not sufficient. In all cases, it is the duty of management to affirmatively act to ensure that work is not performed which it doesn't want performed. The mere promulgation of a rule against such work is not enough. Management must make every effort to enforce the rule.
Special Information for 10-month Clerical Staff
1. The employee may elect whether the employee will take the time and one-half overtime as pay or time off. Once the employee makes the election, the employee cannot change it - i.e., an employee indicating that he/she wants compensatory time off cannot later change this to a request for a cash payout.
2. When the school's budgeted amount for overtime is reached, principals must monitor the amount of overtime which can be given in the form of cash by either (1) not allowing a secretary to work any overtime and giving him/her a clear directive on this prohibition, or (2) only allowing overtime if the secretary is willing to take it as compensatory time off. The principal confirm that the election is made that way on the form.
3. Compensatory time off may only be taken on work days falling within Monday of the week before new teachers report to school and one week after the last day the teachers work during the school year. Since secretaries are not scheduled to work during Winter or Spring breaks, they cannot take compensatory time off during those times because they would, in reality, be converting time off to pay.
4. If a secretary has elected to take compensatory time off rather than money, the principal/supervisor should make sure that the secretary is able to get that time off. The time may carry forward to the next year and accumulate up to 240 hours but arranging to have that much time off could be disruptive. To ensure a smooth operation, compensatory time should not be allowed to accumulate to unreasonably high amounts.
All hours worked in excess of 40 hours per week for Custodians and 38 3/4 hours per week for Supportive Educational Employees must be paid at the rate of time and one-half (12) in cash or contractually authorized compensatory time. To avoid liability for overtime, you must act affirmatively to prohibit any extra work outside the employee's regular work day.
October 1992