Randolph County Schools
Bylaws & Policies
 

6700 - FAIR LABOR STANDARDS ACT (FLSA)

The purpose of this policy is to ensure that the Randolph 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 forty (40) hour workweek each week.1

 
 

1.2

Board employees may regularly and routinely be scheduled to work less than a forty (40) hour workweek, however, the Board retains the right to request an employee to perform his/her regular duties up to forty (40) hours during a workweek without additional compensation.

 
 

1.3

The length of the school day for licensed and professional staff will be a minimum of seven and one-half hours (7 1/2) and will continue until professional responsibilities to students are completed. Administrative meetings, curriculum development, student supervision, assigned duties, parent conferences, group or individual planning and extra-curricular activities may require hours beyond the stated minimum.

 
 

1.4

Work schedules for all other employees 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.

 
 

1.5

Non-exempt employees 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 for the school district

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 other. 2

 
 

2.2

Working hours for all non-exempt employees of the Board, including paraprofessionals, aides, secretaries, bus operators, and cafeteria, custodial and maintenance personnel, will conform to Federal and State laws and regulations including the Fair Labor Standards Act and County policy. AG 6700 is a list of all employee positions of the Board and whether, each is exempt or non-exempt for purposes of the Fair Labor Standards Act.

 
 

2.3

Exempt employees are individuals who are exempt from the FLSA minimum wage and overtime provisions. These employees include persons employed in bona fide executive, administrative, and professional positions, and certain computer employees. To qualify for the exemption, employees generally must meet certain tests regarding their job duties and be paid on salary basis at not less than $455 per week. The salary requirement does not apply to teachers. Exempt computer employees may be paid at least $455 on a salary basis or on an hourly basis at a rate not less than $27.63 an hour.

 

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 are all considered neglect of duty and will result in disciplinary actions, up to and including dismissal, unless otherwise required by State or Federal law.

 
 

3.2

Non-exempt employees who have not been granted prior approval by appropriate authority to work overtime may not arrive at their workstations or begin working earlier than their scheduled starting time and must leave their workstations and stop working at their scheduled ending time. Taking work home without prior approval shall not be permitted. Failure to comply with these requirements may result in disciplinary actions, up to and including dismissal.

 

4.

TIME AND ATTENDANCE REPORTS:

 
 

4.1

Every employee classified as non-exempt employee is 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. This time sheet shall include the employee's verification that the time sheet is an accurate statement of hours worked. The employee and the employee's immediate supervisor will each sign the time sheet prior to its submittal in a timely manner to the payroll office.

 
 

4.2

Employees classified as exempt employees are not required to file weekly time sheets, but must indicate days present and absent on the payroll report and initial the report.

 

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 appropriate 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 within a workweek to preclude the need for overtime. This is considered an adjusted workweek and would not be recorded as overtime or compensatory time, 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 (hours over forty (40)) worked, if such compensatory time (A) is agreed to by the employee in writing before the overtime work is performed and (B) 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). 3

 
 

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. 4

 
 

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. Duty free lunch time is included as hours worked. Other breaks/time off during the day of periods of thirty (30) minutes or more is not included in hours worked.5

 
 

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.

 
 

Note: 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. 6

 
 

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.

 
 

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 hour and five minutes will be rounded to one (1.0 hour) and one (1) hour and ten (10) minutes will be rounded to 1 hour and fifteen minutes (1 and hour).6

 
 

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 one of the following methods:

 
 

(a)

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.

 
 

(b)

Separate rates method This involves calculating the employee's regular rate of pay for the workweek by computing the rate for each job separately. The overtime rate is based on the regular rate that applies to the type of work performed during the hours in excess of forty (40). This method is available for hourly workers only and before it can be used, the employer and employee must agree (prior to the additional work being performed).

7.

VIOLATIONS:

 
 

7.1

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.

 

The Superintendent is directed to prepare administrative guidelines to implement this policy.

 

29 U.S.C. 200-219, 29 C.F.R. Chapter V

Notes:

 
 

1.

The number of hours that employees are expected to work each week, but boards may select a number of hours less than forty (40) and may establish different hours for different classes of employees.

 

2.

The Board is required by the FLSA to identify the workweek, but may designate any seven (7) day period as the County's workweek.

 

3.

According to FLSA, an employee of a public agency engaged in work other than in a public safety activity may accrue up to 240 of compensatory time (160 of actual work time). It is recommended that the Board reduce the maximum amount of hours that can be accrued to reduce the likelihood of incurring a large salary liability should employees be unable to use the time within reasonable time due to workload requirements.

 

4.

The FLSA does not contain a time limit by which compensatory time must be used, but West Virginia Code 21-5C-3(f)(5)(B), compensatory time must be used within one (1) year after it is earned. It is recommended that the Boards reduce the maximum period of time in which compensatory time must be used for the same reason as the preceding recommendation.

 

5.

In computing the overtime rate for a workweek in which West Virginia Code 18A-4-8(e) applies, according to FLSA, only in the actual hours worked on a Saturday or Sunday and the pay related to those hours need to be included in the overtime computations. The pay for hours not actually worked may be EXCLUDED from overtime, but must be paid at the employee's regular rate of pay.

 

6.

The Board may elect to round the amount of overtime worked differently, as long as it is reasonable and applied consistently.