Overtime/Compensatory Time
|
Overtime/Compensatory Time |
|
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:
§ 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.
§ 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.
§ Compensatory time is to be recorded on the Compensatory Time Log (Time Record) 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 compensatory time log (Time Record) as time is used. § Employee is responsible for maintaining and keeping their Compensatory Time Log 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. § Use of 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.
§ 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
§ 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).
Regulations for Determining Whether or Not an Employee is Eligible for Overtime An employee is eligible for overtime unless they fall into one of the following exempt categories: EXECUTIVE · Primary duty consists of the management of a customarily recognized department within the district. · Customarily and regularly directs the work of two or more employees. · Authority to hire and/or fire employees or provide suggestions and recommendations as to the hiring and firing of employees and as to the advancement and promotion or any other statue change. Devotes more than 20% of work week to the activities described above. · Compensated for services on a salary basis at a rate of not less than $155 per week. ADMINISTRATIVE · Duties consist of performance of office or non-manual work directly related to management policies or general business operations of the performance of functions in the administration of a school system. · Customarily and regularly exercises discretion and judgment. · Who: · is a bona fide executive or administrator · performs under only general supervision work along specialized or technical lines requiring special training, experience or knowledge · executes under only general supervision of special assignments and tasks · devotes more than 20% of work week to the activities described above · compensated for services on a salary basis at a rate of not less than $155 per week or not less than a beginning teacher salary. PROFESSIONAL · Duties consist of work requiring knowledge of an advanced type, a field of science or learning customarily acquired of a prolonged course or intellect instruction and study or work that is original and creative in character or teaching and instructing. · Requires the consistent exercise of discretion and judgment in its performance. · Predominantly intellectual and varied in character. · Devotes more than 20% of time to the above activities. · Compensated at a rate of not less than $170 per week. Computing Overtime and/or Additional Straight Time September 2004
1. Non-exempt employees are entitled to overtime compensation for all hours worked in excess of forty (40) hours per work week. Generally, only actual hours worked are to be included in determining eligibility, except that up to eight (8) hours of paid leave (10 hours during the summer) taken in a given work week may be counted towards hours worked for that week for purposes of determining an employee’s entitlement to overtime pay. See PISD Administrative Regulation DL-R (Local). 2. Not withstanding the foregoing, non-exempt employees who perform work during a school holiday (as defined by Board Policy) shall be paid at the overtime rate for all hours so worked regardless of the total number of hours worked in a given week. 3. Week 2: Since Labor Day is not a paid day, 2 hours are paid as additional hours at straight time. 4. Week 3: Total hours for week = 45. Total hours worked = 29 + 8 hours sick leave = 37 hours for overtime calculation. Since 37 is less than 40, no overtime pay is due. The 5 hours over 40 for the week are paid as additional hours at straight time. 5. Week 4: Total hours for week = 45. Total hours worked = 37 + 8 hours sick leave = 45 hours for overtime calculation. Since 45 is more than 40, employee is due 5 hours pay at time and a half overtime rate.
|
