BRANDYWINE SCHOOL DISTRICT BOARD OF EDUCATION STATEMENT ON FAIR LABOR STANDARDS ACT FAIR PAY INITIATIVE (Adopted 10/18/04)

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1 BRANDYWINE SCHOOL DISTRICT BOARD OF EDUCATION STATEMENT ON FAIR LABOR STANDARDS ACT FAIR PAY INITIATIVE (Adopted 10/18/04) A. PURPOSE: The purpose of this policy is to establish administrative guideline for the implementation of the Federal Fair Labor Standards Act ( FLSA ) and any applicable and similar state law. B. ISSUE: The Fair Labor Standards Act (FLSA) governs issues such as overtime and minimum wage. This law requires employers to classify or reclassify employees as exempt or nonexempt according to the provisions of FSLA. C. POLICY: 1. General Statement of Policy It is the intent of the District to comply fully with the Fair Labor Standards Act, its regulations and relevant court decisions. The District shall inform its employees of the Act through proper posting of information as disseminated by the U.S. Department of Labor, or the Delaware Department of Labor. The District shall cooperate with the Delaware Department of Labor and maintain compliance with all labor laws applicable to public agencies and the public schools. 2. Hours of Work Hours of employment shall be established by state law, a Collective Bargaining Agreement, or by the District. 3. Minimum Wage a. The minimum wage paid to nonexempt employees shall be the minimum wage established by the Delaware Department of Labor. If the minimum wage established by the Delaware Department of Labor is less than the Federal Minimum wage, the Federal Minimum Wage shall be paid. b. All Collective Bargaining Agreements with nonexempt employees shall include a provision for wages of not less than the minimum wage described in this Policy. c. The Board shall establish the compensation for all other employee, including benefits and salaries for exempt employees. 4. Overtime a. Nonexempt employees shall receive compensatory time or pay at a rate of 1 hour for every hour of work performed for the District beyond the time established for a workweek by State law or 6-103

2 Collective Bargaining Agreement up to 40 hours, and at 1.5 hours for every hour worked beyond 40 hours in a week. Compensatory time can only be given if the employee is classified as Nonexempt in paragraph C.6. below. b. Nonexempt employees cannot work over 37.5 hours per week or without prior written approval from their immediate supervisor. c. Nonexempt employees are not permitted to work through their duty free period. d. All time worked over 37.5 hours per week must be compensated by pay or compensatory time. Employees not covered by a Collective Bargaining Agreement who have prior written approval to work over 37.5 but less than 40 hours per week will be compensated by straight pay or straight time. e. Employees not covered by a Collective Bargaining Agreement and who receive prior written approval to work over 40 hours per week will be compensated with overtime pay at 1.5 times regular pay received per hour, or by compensatory time of 1.5 hours for every hour worked over 40 in a week. f. Compensatory time must be used in the fiscal year earned or the employee will be paid at the overtime rate applicable at the time the work was completed upon termination of services with the District. g. All Collective Bargaining Agreements with nonexempt employees must include provisions for overtime and/or compensatory time of not less than designated in this Policy. 5. Exempt Employee Categories For the purposes of this Policy, section 13(a)(l) of the FLSA exempts executive, administrative, and professional employees from the minimum wage and overtime requirements of the FLSA, provided they meet certain tests regarding job duties and responsibilities and are compensated "on a salary basis" at not less than $ per week or $23,660 per year. The Board recognizes the following categories of employees as exempt from FLSA overtime compensation requirements a. Executive Exemption Applicable to employees who have management as their primary duty; who direct the work of two or more full-time employees; who 6-104

3 have the authority to hire and fire or make recommendations regarding decisions affecting the employment status of others; who regularly exercise a high degree of independent judgment in their work; who receive a salary which meets the requirements of the exemption of at least $ per week ($23, per year); and who do not devote more than 20% of their time to nonmanagement functions. The following categories of employees are determined to fall under the executive exemption: b. Administrative Exemption Superintendent Assistant Superintendent Chief Financial Officer Director of Human Resources Information Systems Pupil Services Race To The Top Executive Director of Support Services School Principal Associate Principal Applicable to employees who perform office or non-manual work which is directly related to the management policies or general business operations of their employer or their employer's customers, or perform such functions in the administration of an educational establishment; who regularly exercise discretion and judgment in their work; who either assist a proprietor or executive, perform specialized or technical work, or execute special assignments; who receive a salary which meets the requirements of the exemption of at least $ per week ($23, per year); and who do not devote more than 20% of their time to work other than that described above. The following categories of employees are determined to fall under the administrative exemption: Assistant Principal Coordinator: Construction/Renovations Gifted, Arts, IB & Enrichment Services Instructional Technology Lead Field Services New Teacher Mentoring/AVID/Equity Pupil Services School to Work School Nutrition Building Managers School Nutrition Production Manager 6-105

4 Ten-Month Non-Certificated Staff Transportation School Trip/Activity Manager: Construction & Renovations Program Manager--Curriculum & Instruction Program Manager--S.T.E.M. Program Manager--Field Support Manager Infrastructure Operations Manager Student & Administrative Systems Specialist: Benefits Construction Energy & Compliance Facilities Financial School Nutrition Human Resources Information Graphics Public Information Transportation Network Supervisor of: Pupil Services/Choice Benefits & Compensation Curriculum & Instruction Facilities School Nutrition Accountability Title I Transportation Transportation Dispatch/Charter Transportation Shop Foreman Senior Programmer/Analysts Telecom/Voice & A/V Engineer Data Networking/WAN/Premise Wiring Specialist Field Service Technician Technical Support Associate Pupil Services Programmer/Analyst Title I Parent Coordinator English as a Second Language Coordinator Mid-Level Professionals: Chief I Executive Assistant to the Superintendent Executive Assistant to the Superintendent and Board Leave and Attendance Coordinator 6-106

5 Parent Center Coordinator School Based Family Liaison c. Professional Exemption Applicable to employees who perform work requiring advanced knowledge and education, work in an artistic field which is original and creative, work as a teacher, or work as a computer system analyst, programmer, software engineer, or similarly skilled worker in the computer software field; who regularly exercise discretion and judgment; who perform work which is intellectual and varied in character, the accomplishment of which cannot be standardized as to time; who receive a salary which meets the requirements of the exemption of at least $ per week ($23, per year) (except doctors, lawyers, teachers and certain computer occupations); and who do not devote more than 20% of their time to work other than that described above. The following categories of employees are determined to fall under the professional exemption: Dean of Students Director of Legal Affairs Educational Diagnostician ESL/Tutor Family Advocate Interpreter/Tutor Librarian Library Media Specialist School Guidance Counselor School Nurse School Psychologist School Social Worker Speech & Hearing Therapist Director of Legal Affairs Classroom Teacher Technology Support Visiting Teacher Other Certified Non-administrative Staff 6. Nonexempt employees The following categories of employees are determined nonexempt from minimum and overtime requirements: Administrative Assistants Bus Drivers Chief II Custodial Custodial Staff 6-107

6 Delivery Persons School Nutrition Cooks School Nutrition General Workers School Nutrition Satellite Meal Handlers Homebound Instructors Mail Couriers Maintenance Staff Paraeducators Casual/Seasonal Substitutes Nonexempt employees are entitled to, at least, ½ hour unpaid duty-free period per day, or other time as established by a Collective Bargaining Agreement. 7. Record Keeping The District shall keep attendance and pay records for all employees. 8. Multiple Jobs An employee may not work on two (2) different nonexempt jobs for the District unless the hours worked are combined. 9. Volunteer A nonexempt employee may not volunteer to perform for the District the same type of service he or she is employed to perform for the District. 10. Implementation a. The Superintendent or his/her designee is responsible for making the exempt or nonexempt determination of employees according to provisions of FLSA. Questions concerning the FLSA status of employees should be referred to the Superintendent or his/her designee. Similarly, any changes, which affect the FLSA exempt or nonexempt status of an employee, should be reported to the Superintendent or his/her designee. b. The Office of Human Resources shall ensure that state and federal labor rules and regulations are posted all school buildings and in the District Offices. 11. Board Regulations: The Superintendent, or his/her designee shall establish written Board regulations consistent with this Policy, State and Federal law and regulations to be reviewed annually by the Superintendent, or his/her designee. Board regulations implementing this policy shall not be inconsistent with any such procedures negotiated by represented employee groups or matters addressed in this policy

7 D. REVIEW AND REPORTING: This policy shall be reveiwed as required by Policy E. HISTORY: Adopted 10/18/04; Modified 10/22/07; Modified 09/22/08; Modified 12/13/10. F. REFERENCES: Fair Labor Standards Act