Morgan County Schools
Bylaws & Policies
 

6700 - OVERTIME

The purpose of this policy is to ensure that the Morgan County Board of Education, hereinafter referred to as the Board, complies with the overtime provisions of the Fair Labor Standards Act (FLSA), the regulations of the U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division, and all applicable state statutes and regulations related to the compensation of full-time and part-time employees.

1.

GENERAL:

 
 

1.1

All employees of the Board are expected to work a workweek pursuant to the following policies: Professional personnel GCJ-R, Bus Operators GCBAD-R and all other service personnel GCBAC-R.

 
 

1.2

The work schedules for any employees not included in 1.1 will be defined by the Superintendent or his/her designee, and will be consistent with the Fair Labor Standards Act, West Virginia statutes, and provisions of this policy.

 
 

1.3

Non-exempt employees as defined in Section 7 and 9 are not permitted to volunteer to perform services for or on behalf of the school system if the volunteer duties involve the same types of duties that the employees normally perform as a part of their regular duties.

2.

WORKWEEK:

 
 

2.1

For purposes of the Fair Labor Standards Act, the workweek for all employees of the Board is defined as beginning at 12:00 a.m. Monday and ending at 11:59 p.m. Sunday.

 
 

2.2

Working hours for all non-exempt employees of the Board under the Fair Labor Standards Act will conform to Federal and State regulations. The classification of all employee positions of the Board, as to whether they are exempt or non-exempt for the provision of the Fair Labor Standards Act, are shown in Section 7 of this policy.

 
 

3.

ATTENDANCE EXPECTATIONS:

 
 

3.1

All employees are expected to be present during their scheduled working hours. Absence without prior approval, chronic absences, habitual tardiness, or abuses of designated working hours may be considered neglect of duty.

 
 

3.2

Non-exempt employees may not arrive at their workstations earlier than their scheduled starting time and must leave their workstations at their scheduled ending time.

 

4.

TIME AND ATTENDANCE REPORTS:

 
 

4.1

Non-exempt employees are required to complete a time sheet for each week worked during the employee's employment term reflecting the actual starting and ending times for each day worked and the total time worked. The employee and the employee's immediate supervisor must each sign the time sheet and submit to the payroll office at the end of the payroll reporting period.

 
 

4.2

Non-exempt employees performing an extra-curricular or extra-duty assignment must also include on their weekly time sheet the actual starting times and ending times for the assignment and the total time worked.

     
 

4.3

Exempt employees are not required to file weekly time sheets, but must verify days absent on the "Absence Summary Report" generated by the automated substitute employee management system (TSSI).

 

5

OVERTIME AND COMPENSATORY TIME:

 
 

5.1

The Board discourages overtime work by non-exempt employees unless absolutely necessary.

 
 

5.2

A non-exempt employee shall not work overtime without the expressed written approval of his/her supervisor. The request must be submitted in writing using the over-time request form. In an emergency situation, verbal approval may be granted; however, a written request must be submitted within twenty-four (24) hours following the verbal approval.

 
 

5.3

Supervisory personnel must monitor overtime use on a weekly basis to ensure that all overtime worked is necessary. With the mutual agreement of the employee and the immediate supervisor, as required by the provisions of West Virginia Code 18A-4-8a(8) and 18A-4-8(d), work schedules may be adjusted and cannot be recorded as compensatory time as defined in Section 5.4, as long as the hours worked during the workweek do not exceed forty (40).

 
 

5.4

In lieu of overtime compensation, non-exempt employees may receive compensatory time off at a rate of not less than one and one-half (1.5) hours for each one (1) hour of overtime worked, if such compensatory time is agreed to by the employee in writing before the overtime work is performed and is authorized by the immediate supervisor.

 
 

5.5

Employees will be allowed to use compensatory time within a reasonable period after requesting such use. Employees may accrue a maximum of 120 compensatory time hours (eighty (80) hours of actual work).

 
 

5.6

All compensatory time earned must be used within sixty (60) days after being earned and any compensatory time earned must be used before any personal, annual, or leave without pay is used. Any compensatory time that is not used within this time will be paid at the employee's current rate.

 
 

5.7

In computing the forty (40) hour workweek for overtime purposes, only actual hours worked will be counted. Time taken off work on paid or unpaid leave, including personal, sick, or military leave, vacation, time off without pay, jury duty, or other absences from work, whether approved or unapproved, outside school environment days, and days canceled due to inclement weather (snow days) will not be counted as hours worked.

 
 

5.8

Pursuant to the provisions of West Virginia Code 18A-4-8a(6), any service personnel who is required to work on any legal school holiday as described in West Virginia Code 18A-5-2, shall be paid at a rate of one and one-half times the employee's usual hourly rate.

 
 

5.9

Pursuant to the provision of West Virginia Code 18A-4-8a(7), any full time service personnel who is required to work in excess of his/her normal working day during any week which contains a school holiday shall be paid at a rate of one and one-half times (1 1/2) the employee's usual hourly rate for the additional hours or fraction of additional hours worked.

 

5.10

Pursuant to the provision of West Virginia Code 18-4-8(e), an employee whose regular work week is scheduled from Monday through Friday and agrees to perform any work assignments on a Saturday or Sunday is to be paid for at least one-half (1/2) day of work for each day s/he reports for work, and if the employee works more than three and one-half (3 1/2) hours on any Saturday or Sunday, the employee is to be paid for at least a full-day of work. In computing the overtime rate for a workweek in which this provision applies, only the actual hours worked on a Saturday or Sunday and the pay related to those hours will be included in the overtime computations. The pay for hours not actually worked will be paid at the employee's regular rate received by such employee, whichever is greater.

 
 

5.11

Upon resignation, retirement, or termination, an employee will be paid for any unused compensatory time at a rate of compensation not less than: (A) the average regular rate received by such employee during the last three (3) years of the employee's employment; or (B) the final regular rate received by such employee, whichever is greater.

 

6.

COMPUTATION OF OVERTIME PAY:

 
 

6.1

Overtime compensation will be paid or compensatory time awarded for actual hours worked in excess of forty (40) during a given workweek, as defined in Section 2.1.

 
 

6.2

In computing the total number of overtime hours worked, time worked will be rounded to the nearest fifteen (15) minute increment. For example, one (1) hour and five (5) minutes will be rounded to one (1) hour and one (1) hour and ten (10) minutes will be rounded to one hour and fifteen minutes (1 and hour).

 
 

6.3

Overtime compensation will be paid at the rate of one and one-half (1 1/2) times the employee's regular rate of pay for each hour worked in excess of forty (40) during a workweek. Generally, the regular rate will include all compensation earned by the employee during the workweek divided by the total number of hours worked.

 

6.4

In situations where an employee performs two (2) or more different duties during the workweek with differing regular compensation rates, such as his/her regular duty and an extra-curricular and/or extra-duty assignment, overtime compensation will be computed using the weighted average method. This involves calculating the employee's regular rate of pay for the workweek by taking the weighted average of all jobs performed during the workweek. To find the weighted average, determine the employee's total earnings for the week and divide this total by the total number of hours worked on all jobs. Once the weighted average has been determined, overtime will be calculated at one and one-half (1 1/2) times this average.

     

7

EXEMPT AND NON-EXEMPT EMPLOYEES

     
 

7.1

The following represents some of the categories of exempt employees and non-exempt employees:

     
   

Exempt (White collar):

     
   

Superintendent

   

Associate/Assistant Superintendent

   

Directors/Assistants/Coordinators

   

Treasurer/CSBO

   

Principals

   

Assistant Principals

   

Head Teacher

   

Supervisor of Maintenance

   

Transportation Director

   

Manager - Payroll/Fixed Assets

   

Accounts Payable Supervisor

   

Executive Secretary

   

Librarian

   

Remedial Specialist

   

Counselor

   

Teacher

   

Psychologist

   

School Nurse

   

Physical/Occupational Therapist

   

Audiologist

     
   

Non-Exempt Employees (Blue Collar)

     
   

Aide

   

Paraprofessional

   

Autism Mentor

   

Accountant/Auditor

   

Braille or Sign Language Specialist

   

Clerk

   

Secretary

   

Receptionist

   

Draftsman

   

Maintenance Worker

   

School Bus Operator/Truck Driver

   

School Bus Supervisor/Clerk

   

Heavy Equipment Operator

   

Cook

   

Custodian

   

Groundsman/Watchman

   

Sanitation Plan Operator

     

8.

VOLUNTEER

     
 

8.1

Individuals may volunteer for the School District for civic, charitable, or humanitarian reasons, without promise, expectation, or receipt of compensation for services rendered.

     
 

8.2

However, School District employees may not volunteer for the School District unless they are considered "bona fide volunteers."

     
 

8.3

An employee is a bona fide volunteer if:

     
   

A.

the employee's services are offered freely and without pressure or coercion, direct or implied, from the employer, and

       
   

B.

the employee does not perform the same type of services as his/her regular job.

     
 

8.4

Employees cannot volunteer to perform their regular work duties off the clock and without compensation. (29 U.S.C. 203(e)(4)(A)) Employees cannot waive the requirements of this policy.

     
 

8.5

An employee who meets the requirement of Section 8.3 may volunteer services by completing the appropriate form.

     

9.

DEFINITIONS

   
 

Actual hours worked: The total hours that an employee performs duties for the benefit of his/her employer and includes all of the time that an employer "suffers or permits" an employee to work on its behalf. This time does not generally include paid time for vacation, holidays, sick or personal leave, outside school environment days, or canceled instructional days due to inclement weather (snow days).

   
 

Compensable hours worked: In general, compensable hours worked include: all the time that an employee must be on duty; all the time that an employee must be on the employer's premises; all the time that an employee must be at any other prescribed place of work; and any additional time that the employee is allowed (i.e., "suffered or permitted" to work).

   
 

Compensatory time: Compensatory time is time earned during a workweek that is taken off during a subsequent workweek. It is an alternative method available to public agencies, including a state, a political subdivision of a state, or an interstate governmental agency, for compensating employees who work in excess of forty (40) hours in a workweek by which time off is provided in lieu of monetary compensation, as governed by the FLSA and West Virginia Code 21-5C-3. Compensatory time received by an employee in lieu of cash must be at the rate of not less than one and one-half (1-1/2) hours of compensatory time for each hour of overtime work.

   
 

Exempt employee: An employee who meets the salary and duties tests set forth in FLSA regulations (white-collar employees).

   
 

Extra-curricular assignment: As defined by West Virginia Code 18A-4-16, an extra-curricular duty is any job assignment that occurs at times other than regularly scheduled working hours and which may include, but is not limited to, the instructing, coaching, chaperoning, escorting, providing support service or caring for the needs of students and which occur on a regularly scheduled basis.

   
 

Extra-Duty assignment: As defined by West Virginia Code 18A-4-8b, an irregular job that occurs periodically or occasionally, such as, but is not limited to, field trips, athletic events, proms, banquets, and band festival trips. Extra-duty pay is governed by West Virginia 18A-4-8a(9).

   
 

Fair Labor Standards Act (FSLA): The Federal statute that establishes minimum wages, overtime pay, record keeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.

   
 

Non-Exempt Employee: An employee who performs work involving repetitive operations with their hands, physical skill, and energy (blue collar employees).

   
 

Off duty: A period of non-working time during which an employee is completely relieved from duty long enough to enable the employee to use the time effectively for his/her own purpose. The employee must be advised in advance that s/he is relieved from all duties until a specific time, may leave the job if the employee so desires, and is to return to work to resume his/her duties at the time specified.

   
 

On call time: A period of time when an employee is required to remain on call on the employer's premises or so close thereto that s/he cannot use the time effectively for his/her own purposes.

   
 

Overtime: Actual hours worked in excess of forty (40) hours during any given workweek.

   
 

Professional personnel: As defined in West Virginia Code 18A-1-1, professional personnel are employees of a county board of education who meet either the certification or licensing requirements of the state, or both, and include professional educators and other professional employees.

   
 

Regular rate of pay: The hourly rate at which an employee is compensated for the hours worked during a regular workweek, exclusive of any compensation for hours worked in excess of forty (40) hours.

   
 

School personnel: As defined in West Virginia Code 18A-1-1, school personnel are all personnel employed by a county board of education whether employed on a regular full-time basis, an hourly basis or otherwise. School personnel are classified into two (2) categories: professional personnel and service personnel.

   
 

Service personnel: As defined in West Virginia Code 18A-1-1, service personnel are employees of a county board of education who serve the school or schools as a whole, in a nonprofessional capacity, including such areas as secretarial, custodial, maintenance, transportation, school lunch, or aides.

   
 

Waiting time: The time when an employee is waiting for an assignment.

   
 

Workweek: The week designated by an employer, consisting of 168 consecutive hours (seven (7) consecutive twenty-four (24) hour periods) in which an employee is expected to work his/her regular weekly work schedule. A workweek need not coincide with the calendar week but may begin on any day and at any hour of the day.

   

10.

VIOLATIONS:

 
 

Any exempt or non-exempt employee who violates any provision of the Board's overtime policy, or any regulations or procedures related thereto, may be subject to disciplinary actions, up to and including dismissal.

Fair Labor Standards Act 29 U.S.C. 200-219, 29 C.F.R. Chapter V

WV Guide to the Fair Labor Standards Act