School District of Winter
Bylaws & Policies
 

6700 - FAIR LABOR STANDARDS ACT (FLSA)

It is the Board of Education’s policy to comply with the provisions of State and Federal Law and their respective implementing regulations, relating to minimum wages and overtime, provided the terms of an applicable collective bargaining agreement do not provide for greater rights to its employees. To that end, the Board shall pay at least the minimum wage to all employees. Further, the Board recognizes the safe and efficient operation of the District may occasionally require covered, non-exempt employees to work more than forty (40) hours during a given work week. Such employees shall be paid overtime compensation.

Covered, non-exempt employees who work (i.e., perform work on behalf of or for the benefit of the Board) more than forty (40) hours in a given work week will receive overtime compensation at the rate of one and one-half (1 1/2) times the employee’s regular hourly rate of pay for all hours worked in excess of forty (40) in the work week.

The District Administrator or his/her designee shall determine the necessity and availability of overtime work.

Overtime may be authorized only by a supervisor and will be used primarily to address circumstances of an emergency or temporary nature.

Exempt employees are individuals who are exempt from the State and Federal overtime provisions. Generally, individuals employed in a bona fide executive, administrative, or professional capacity, and certain computer employees are considered exempt. To qualify for the exemption, employees generally must meet certain tests regarding their job duties and be paid on salary basis. The salary requirement does not apply to teachers. Being paid on a "salary basis" means an employee regularly receives a predetermined amount of compensation each pay period on a weekly, or less frequent, basis. Additionally, the predetermined amount cannot be reduced because of variation in the quality or quantity of the employee’s work. Subject to certain exceptions, an exempt employee must receive the full salary for any work week in which the employee performs any work, regardless of the number of days or hours worked.

The Board reserves the right to make deductions from the pay of otherwise exempt employee under the following circumstances:

 A.the employee is absent from work for one (1) or more full days for personal reasons other than sickness or disability

 B.the employee is absent from work for one (1) or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy or practice of providing compensation for salary lost due to illness

 C.to offset amounts employees receive as jury or witness fees, or for military pay

 D.for unpaid disciplinary suspensions of one (1) or more full days imposed in good faith for workplace conduct rule infractions

 E.for penalties imposed in good faith for infractions of safety rules of major significance

The Board shall also not be required to pay the full salary in the initial or terminal week of employment, or for weeks in which an exempt employee employee takes unpaid leave under the Family & Medical Leave Act.

The Board recognizes that with limited legally permissible exceptions, no deductions should be taken from the salaries of exempt employees. If an exempt employee believes that an improper deduction has been made to his/her salary, the employee should immediately report this information to his/her immediate supervisor.

Reports of improper deductions will be promptly investigated. If it is determined that an improper deduction has occurred, the employee will be promptly reimbursed for any improper deduction made, and the Board will make a good faith commitment to avoid any recurrence of the error.

The Board directs the District Administrator to distribute this policy to all employees upon initial hire and on an annual basis.

The District Administrator is directed to prepare administrative guidelines to implement this policy.

29 U.S.C. 201 et seq.
29 C.F.R. Part 541
104.01, Wis. Stats.
DWD 274.03, Wis. Admin. Code