The Fair Labor Standards Act (FLSA) requires the Board of Education to pay covered, non-exempt employees no less than the minimum wage required by the FLSA ($7.00 effective January 1, 2008). In addition, covered, non-exempt employees are entitled to premium pay of not less than one and one-half (1 1/2) times the employee’s regular rate of pay for all hours the employee works in excess of forty (40) hours in a work week. The regular rate of pay includes all remuneration for employment paid to an employee, including base pay, longevity pay, bonuses, and shift differentials. Hours worked shall include all time that the employee is required to be on duty or at the prescribed workplace, and all time during which the employee is allowed/permitted to work. This includes any bona fide work that the employee performs on or away from the premises if his/her immediate supervisor knows or has reason to believe the work is being performed. The District recognizes that the FLSA does not permit averaging of hours over two (2) or more work weeks.

For covered, non-exempt employees who are currently paid on an annual salary basis, their salaries must be divided by the hours the employees actually work in a given work week to verify the employees are receiving at least the minimum wage required by the FLSA.

Where a covered, non-exempt employee, in a single work week, works at two (2) or more different types of work for which different straight-time rates have been established, the regular rate for that week is the weighted average of such rates, i.e. the earnings from all such rates are added together and this total is then divided by the total number of hours worked at all jobs.

A bona fide meal period of thirty (30) minutes or more that occurs during the scheduled workday is not hours worked if the employee is completely relieved from duty for the purpose of eating a meal, unless otherwise specified in an applicable collective bargaining agreement.

Time spent in paid leave status is not considered hours worked, unless otherwise specified in an applicable collective bargaining agreement.

Administrators and supervisors are directed to verify that the official FLSA poster is displayed in all work locations (i.e., in locations where covered, non-exempt employees can view it on a regular basis).

It shall be the responsibility of all covered, non-exempt employees to record and submit an accurate account of their time worked each week on approved forms or via electronic or machine timecards. An employee’s misrepresentation or failure to submit an accurate account of his/her time worked may subject the employee to discipline up to and including termination.

Non-exempt employee time records shall be verified by a supervisor who has personal knowledge of the hours worked by the employee. It shall be a violation of this guideline for a supervisor to ask a non-exempt employee to record fewer hours than were actually worked by the employee.

The District will maintain the following records for all covered, non-exempt employees:

Payroll records will be maintained for at least three (3) years, and time cards and wage computation records (including work and time schedules will be maintained for at least two (2) years.

The FLSA requires that non-exempt employees must be compensated for all hours they are required or permitted to work. Consequently, even if an employee "volunteers" to work beyond his/her normally scheduled hours, the Board will still compensate the employee for those hours worked. An individual is considered to be a "volunteer" only if the following conditions are met:

Revised 1/31/08