How Many Duty Calendars Do You Need?

Transcription

1 How Many Duty Calendars Do You Need? TASB HR Services TASPA Winter Conference 2013 Luz Cadena, Compensation Consultant Cindy Clegg, Director HR Services

2 Quick Poll How many duty calendars does your district have? a. 5 or less b. 6 to 10 c. 10 to 20 d. More than 20

3 Why Do We Do This? To justify pay increases or decreases Leftover from old state funding system Leftover from old laws Culture of daily wage earners Payroll likes it Actual work needs??

4 Perceptions About Pay Among Educators Paid based on days Receive no paid time-off More days = more money

5 Salary Defined Fixed sum paid for the value of services performed Exempt personnel under FLSA must be paid on a salary basis Shortest period of payment which will meet salary basis requirement is a week FLSA Regulations (29 C.F.R (a))

6 Salary Earners vs. Wage Earners FLSA distinguishes production workers from knowledge workers Production workers are paid on the basis of time while knowledge workers are paid on the basis of total value Knowledge workers do professional, administrative, and executive work

7 Duty Day Landmines Kelley vs. North East ISD Employee signed 10-month contract Employee required to work graduation June 4th School calendar work schedule August 7 - June 1st Teacher Salary Schedule (posted on internet) based on 187 days (did not state minimum number of days) District stated June 4th was within 10-month contract

8 Court Decision Contract states the employee should work 10- months Posted salary schedule defined this as 187 days Working graduation was on the 188 th day Court found the district should pay for one additional day

9 Quick Poll Most frequent number of duty days for a 12- month calendar? 226 Others? 230, 240, 254, 260, 261 Highest? 266

10 Standard Work Calendar Outside Education 260 workdays in a 12-month salary period Average time-off benefits for salaried employees 10 holidays 3 weeks of vacation leave per year 25 days off 235 actual work days Days not worked considered paid time-off benefits

11 Teachers Most teachers work 187 days out of a 10- month salary period Average 216 workdays in a 10-month salary period 29 days off

12 Duty Calendar Comparisons Duty days vary widely between districts and between different positions within districts Elementary Principal Least duty days Most duty days Most frequently reported duty days 226

13 Duty Calendar Comparisons Cont d Elementary Counselor Least duty days Most duty days Most frequently reported duty days 207

14 Duty Calendar Comparisons Cont d Diagnostician Least duty days Most duty days Most frequently reported duty days 197

15 State Laws And Rules About Pay State law requires teachers, librarians, nurses (RNs) and counselors to be paid minimum monthly salary No statutory entitlement to a daily rate of pay (TEC ) No minimum days of service required by the state for 11- and 12-month employees Districts define required start and end work dates

16 Reasons Not to Use Daily Rates Creates an entitlement expectation to extension of daily rate Leads to manipulation of duty days for more pay Leads to inconsistencies in time-off benefits Exempt employees must be paid a salary basis

17 Did Pay Go Up or Down? Teacher (187 / 10) Asst Principal (207/11) Impact Per year $52,500 $57,750 $5,000 increase (10%) Per day $ $ Decrease? Per check $4,375 $4,812 Increase?

18 How Do We Effect Change? Who has made changes? How do you change a culture of entitlement? How to communicate in new ways? Begin with low-hanging fruit.

19 Happy Holidays from TASB HR Services