These guidelines apply to all non-exempt employees whose employment status is fulltime, regular, part-time or temporary. All non-exempt employees are subject to the overtime pay provisions of the Fair Labor Standards Act and must be compensated for all hours worked. Employees in exempt positions are not paid for overtime or given compensatory time.
According to the Fair Labor Standards Act:
Non-Exempt Positions:
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Provided with overtime pay or compensatory time–off for hours worked over 40 in a work week. |
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The district’s standard work week for pay computation purposes is 12:01 a.m. Monday through 12:00 midnight Sunday. |
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Time absent from the job for holiday is not counted for overtime. |
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Compensation for hours worked over 40 in a work week may either be given as overtime pay or as compensatory time off. |
Both overtime pay and compensatory time off are given at the rate of time and one-half of the regular rate for every overtime hour worked.
Employees in non-exempt position must obtain the supervisor’s approval prior to working overtime.
Employees who work overtime without the supervisor’s approval must be paid for hours worked, but may be subject to disciplinary action.
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Overtime Pay |
The employee should expect to receive overtime pay for hours worked over 40 in a work week.
A supervisor may offer compensatory time off in lieu of overtime pay. However, the employee has the right to accept or decline compensatory time and receive pay at time and one half.
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Compensatory Time |
Compensatory time is to be recorded on the PISD excel time card as it is accrued and as it is taken.
Actual hours worked and compensatory time taken must be documented.
Nonexempt employees earn compensatory time at the same rate as overtime, normally 1-1/2 times the number of overtime hours worked. However, if the additional hours worked would not qualify as overtime (i.e. leave was taken during the workweek), but the employee wants off in lieu of payment such compensatory time would be accrued at the straight time rate.
The maximum of 60 hours of compensatory time can be accrued. The 60 hours of accrued compensatory time is equal to 40 hours of actual overtime worked.
Compensatory time shall be used within the duty year in which it is earned.
Supervisor is to sign the PISD time card as time is used.
Employee is responsible for maintaining and keeping their PISD time card as documentation.
Supervisors are responsible for ensuring compliance with mandated provisions of the Fair Labor Standards Act and ensure an employee is compensated for overtime hours.
Compensatory time must be used before local and state leave. Compensatory time may be at the employee’s request or as determined by the employee’s supervisor to protect the district’s schedules and activities.
If a non-exempt employee achieves the maximum accrual, resigns, retires, or is discharged at a time when he or she has a balance of unused compensatory time off, the employee will be paid for the unused compensatory.
Payment for compensatory time is calculated using the current regular rate.
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Rest or Break Periods |
Employees may be granted a break period but at the convenience of the work even though there are no Fair Labor Standards Act that requires the employer to provide coffee breaks to employees.
If a break is taken it should not exceed fifteen (15) minutes at any one time, be limited to two per day and should be near the middle of the first and/or second half of the workday.
If for any reason the employee does not receive a rest or break period, it does not accrue to be granted at some later time or date. Breaks or rest periods are paid time. This means that the employee cannot combine two break periods nor can a break period be used to leave work early, or to make up time, or to extend the length of a lunch period, vacation or vacation leave.
The Supervisor may suspend the privilege of a break period when abused by the employee
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Meal Period |
A lunch or other meal period is an approved period of time in a non pay and non work status that interrupts a basic workday or a period of overtime work for the purpose of permitting employees to eat or engage in permitted personal activities.
A minimum 30 minute meal period must be provided if the employee is scheduled to work 8 or more hours a day.
An employee may not waive the lunch period in order to shorten the work day.
It is not permitted for an employee scheduled to work eight hours per day or longer to work without a meal period.
The employee may not extend a regularly scheduled lunch break by permitting an employee to take an authorized rest period (with pay) prior to or immediately following lunch, since a rest period is considered part of the employee’s compensable basic workday.
The lunch period may be extended only upon the approval of their supervisor. Extending the lunch period will extend the work day.
The employee is completely relieved of all duties during the period – if, for example, the employees must sit at a desk and is answering the telephone during the lunch break, the time would be compensable (paid time).
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Early Work Pay |
Clerical employees that principals have come in prior their official beginning work day can either earn Compensatory Time (additional hours at straight time if less than 40 hours for the week) or will be paid using a one-time pay at their existing hourly/daily rate of pay. See web page "Overtime/Compensatory Time" for the rules and the excel time sheet example.
If the employees are brought in to assist with the normal registration process or other normal heavy work at the beginning of school, then the payment is to be charged to the principal's budget.
If the employees are brought in to assist with some sort of special project that is approved by the appropriate Associate Superintendent for Campus Development, then the payment can be charged to responsibility 899. Once the project is approved by the ASCD, the ASCD will notify Jeanne Conway that the charge has been properly authorized.