Decatur County Community Schools
Administrative Guidelines
 

6700 - FAIR LABOR STANDARDS ACT ("FLSA") EXEMPTIONS

The Fair Labor Standards Act ("FLSA") provides that certain employees are exempt from the overtime and minimum wage provisions of the law. The following guidelines will be utilized to ensure compliance with the FLSA.

Exemptions

The following tests must be met in order for a school employee to be considered exempt from the overtime and minimum wage provisions of the FLSA in each listed category and therefore considered an exempt employee for the purposes of Board Policy 6700:

 

A.

Executive

     
   

To qualify for the executive employee exemption, all of the following tests must be met:

     
 

1.

The employee must be compensated on a salary basis (as defined in the regulations) at a rate not less than $455 per week through November 30, 2016 and $913 per week beginning on December 1, 2016;*

     
 

2.

The employee’s primary duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise;

     
 

3.

The employee must customarily and regularly direct the work of at least two (2) or more other full-time employees or their equivalent; and

     
 

4.

The employee must have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight.

     
 

*The minimum weekly salary will be automatically updated every three (3) years beginning on January 1, 2020 to remain at a level that is not less than the 40th percentile of earnings of full-time salaried workers in the lowest-wage Census Region.

   
 

Generally, "management" includes, but is not limited to, activities such as interviewing, selecting, and training of employees; setting and adjusting their rates of pay and hours of work; directing the work of employees; maintaining production or sales records for use in supervision or control; appraising employees' productivity and efficiency for the purpose of recommending promotions or other changes in status; handling employee complaints and grievances; disciplining employees; planning the work; determining the techniques to be used; apportioning the work among the employees; determining the type of materials, supplies, machinery, equipment or tools to be used or merchandise to be bought, stocked and sold; controlling the flow and distribution of materials or merchandise and supplies; providing for the safety and security of the employees or the property; planning and controlling the budget; and monitoring or implementing legal compliance measures.

   
 

The phrase "a customarily recognized department or subdivision" is intended to distinguish between a mere collection of employees assigned from time to time to a specific job or series of jobs and a unit with permanent status and function. A customarily recognized department or subdivision must have a permanent status and a continuing function. For example, a large employer's human resources department might have subdivisions for labor relations, pensions and other benefits, equal employment opportunity, and personnel management, each of which has a permanent status and function.

   
 

B.

Administrative

     
   

To qualify for the administrative employee exemption, all of the following tests must be met:

     
 

1.

The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week through November 30, 2016 and $913 per week beginning on December 1, 2016;*

   
 

2.

The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and

   
 

3.

The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.

   

*The minimum weekly salary will be automatically updated every three (3) years beginning on January 1, 2020 to remain at a level that is not less than the 40th percentile of earnings of full-time salaried workers in the lowest-wage Census Region.

The administrative exemption shall apply to employees earning the minimum salary noted above whose primary duty is performing administrative functions directly related to academic instruction or training in an educational establishment. Academic administrative functions include operations directly in the field of education, and do not include jobs relating to areas outside the educational field.

   
 

Employees engaged in academic administrative functions include: the Superintendent or other head of an elementary or secondary school system, and any assistants responsible for administration of such matters as curriculum, quality and methods of instructing, measuring and testing the learning potential and achievement of students, establishing and maintaining academic and grading standards, and other aspects of the teaching program; the principal and any vice-principals responsible for the operation of an elementary or secondary school; department heads in institutions of higher education responsible for the various subject matter departments; academic counselors and other employees with similar responsibilities.

   
 

C.

Learned Professionals

     
   

To qualify for the learned professional employee exemption, all of the following tests must be met:

   
 

1.

The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week through November 30, 2016 and $913 per week beginning on December 1, 2016;*

   
 

2.

The employee’s primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment;

   
 

3.

The advanced knowledge must be in a field of science or learning; and

   
 

4.

The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.

   
 

*The minimum weekly salary will be automatically updated every three (3) years beginning on January 1, 2020 to remain at a level that is not less than the 40th percentile of earnings of full-time salaried workers in the lowest-wage Census Region.

   
 

"Work requiring advanced knowledge" means work which is predominantly intellectual in character, and which includes work requiring the consistent exercise of discretion and judgment. Professional work is therefore distinguished from work involving routine mental, manual, mechanical, or physical work. A professional employee generally uses the advanced knowledge to analyze, interpret or make deductions from varying facts or circumstances. Advanced knowledge cannot be attained at the high school level.

   
 

Teachers are exempt if their primary duty is teaching, tutoring, instructing or lecturing in the activity of imparting knowledge, and if they are employed and engaged in this activity as a teacher in an educational establishment. Exempt teachers include, but are not limited to, regular academic teachers; kindergarten or nursery school teachers; teachers of gifted or disabled children; teachers of skilled and semi-skilled trades and occupations; teachers engaged in automobile driving instruction; aircraft flight instructors; home economics teachers; and vocal or instrumental music teachers. The salary and salary basis requirements do not apply to bona fide teachers.

   
 

D.

Computer Employees

   
 

To qualify for the computer employee exemption, the following tests must be met:

   
 

1.

the employee must be compensated either on a salary or fee basis at a rate not less than $455 per week through November 30, 2016 and $913 per week beginning on December 1, 2016* or, if compensated on an hourly basis, at a rate not less than $27.63 an hour;

   
 

2.

the employee must be employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing the duties described below; and

     
 

3.

The employee’s primary duty must consist of:

   
 

a.

the application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications;

   
 

b.

the design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;

   
 

c.

the design, documentation, testing, creation, or modification of computer programs related to machine operating systems; or

   
 

d.

a combination of the aforementioned duties, the performance of which requires the same level of skills.

   
 

*The minimum weekly salary will be automatically updated every three (3) years beginning on January 1, 2020 to remain at a level that is not less than the 40th percentile of earnings of full-time salaried workers in the lowest-wage Census Region.

   
 

The computer employee exemption does not include employees engaged in the manufacture or repair of computer hardware and related equipment. Employees whose work is highly dependent upon, or facilitated by, the use of computers and computer software programs (e.g., engineers, drafters, and others skilled in computer-aided design software), but who are not primarily engaged in computer systems analysis and programming or other similarly skilled computer-related occupations identified in the primary duties test described above, are also not exempt under the computer employee exemption.

Approved 4/12/17

© Neola 2016