• Fair Labor Standards Act Compliance

  • PERSONNEL03.221 AP.11

    - Classified Personnel -

    Compliance with FLSA Requirements

    Immediate supervisors and other staff responsible for maintenance of records concerning hours worked and overtime payments made shall adhere to the following guidelines.

    · Place required FLSA posters in conspicuous places where non-exempt employees can readily see them. Posters may be obtained online at the following address:


    · Require non-exempt employees to reflect actual time worked on their pay period timesheet, not hours scheduled. Certification of time worked shall be signed by both the employee and the immediate supervisor.

    · Inform employees of policy 03.221 provisions concerning approval for working overtime, and implement provisions accordingly. Although the district cannot avoid paying for overtime worked without authorization, violation of policy provisions may serve as grounds for disciplinary action that will discourage recurring problems with unauthorized overtime.

    · Assure that required breaks are twenty (20) minutes or more long in order for the time not to be compensable. Also, the lunch period must be duty free, or the employee must be compensated for the time.

    · Train supervisory staff and bookkeepers regarding proper completion and retention of time records (All time records must be retained for at least the minimum amount of time set by federal regulation and document retention requirements).

    · Minimize or avoid dual employment where the combined number of hours worked by one individual will exceed forty (40) hours per workweek. This may require examining the structure of after-school programs that are co-sponsored (or authorized by the district and are held on school property). When calculating overtime wages for an employee who holds two (2) jobs with the District that have different rates of pay, the correct calculation is one-and-one-half the weighted average of the two (2) rates.

    · Carefully track hours non-exempt employees work at after-school events or school programs. Example: employees staying on after scheduled hours because they are taking tickets at an athletic event later in the day.

    · Pay maintenance employees for overtime for actual hours worked, not on a “per call” basis (for example, in responding to a school alarm or emergency).

    · Do not permit a non-exempt employee to “volunteer” for activities within the school, unless his or her child is involved and not if the activity is the same as the employee’s job, i.e., a bus driver ‘volunteering’ to drive for a school-sponsored trip for his/her child’s class.

    · Request that the Superintendent/designee consult with the Board Attorney or other source about questions concerning FLSA compliance.

    Review/Revised: 7/20/04