Compliance with the Fair Labor Standards Act
The Superintendent will ensure that all job positions are identified
as either “exempt” or “non-exempt” according to State law and the Fair
Labor Standards Act (FLSA) definitions. “Exempt” and “non-exempt”
employee categories may include certificated and non-certificated job
positions. All non-exempt employees, whether paid on a salary or hourly
basis, are covered by minimum wage and overtime provisions.
Workweek and Compensation
The workweek for District employees will be 12:01 a.m. Monday until 12:00 midnight on Sunday.
Non-exempt employees will be compensated for all hours worked in a
workweek including overtime. For non-exempt employees, overtime shall be
defined as work performed beyond 40 hours in a work week, with the
exceptions governed by the employment contract.
A non-exempt employee shall not work overtime without his or her
supervisor’s express approval. All supervisors of non-exempt employees
shall: (1) monitor overtime use on a weekly basis and report such use to
the business office, (2) seek the Superintendent or designee’s written
pre-approval for any long term or repeated use of overtime that can be
reasonably anticipated, (3) ensure that overtime provisions of this
policy and the FLSA are followed, and (4) ensure that employees are
compensated for any overtime worked. The business office will review
work records of employees on a regular basis, make an assessment of
overtime use, and provide the assessment to the Superintendent.
Suspension Without Pay
No exempt employee shall have his or her salary reduced, such as by
an unpaid suspension, if the deduction would cause a loss of the exempt
status. Employees may be suspended without pay in accordance with Board
Policy 5:245, Employee Suspension.
The Superintendent or designee shall implement the policy in
accordance with the FLSA, including its required notices to employees.
In the event of a conflict between the policy and State or Federal law,
the latter shall control.
Adopted: February 23, 2015