NONEXEMPT EMPLOYEE SUPPLEMENTARY PAY PLANS

(District Uses Compensatory Time)

 

Definitions

1. Hours Worked: For purposes of this policy, hours worked means all hours during which the individual is required to be on duty — generally from the required starting time to normal quitting time — and all hours an employee is permitted to work. Meal periods and break periods of 20 minutes or longer do not count as hours worked unless the individual performs work during the meal period.

2. Nonexempt Employees: This includes all district employees not specifically identified as exempt under federal law. This generally includes noncertificated staff; however, in some circumstances noncertificated staff members may qualify for exempt status. The Board directs the superintendent to ensure that job positions are classified as exempt or nonexempt and that employees are made aware of these classifications. Employees in doubt about their status should contact their immediate supervisor.

3. Exempt Employees: Those employees whose duties and compensation meet the requirements to be an exempt executive, administrative, professional or computer employee as defined in federal law.

Overtime Compensation

The following provisions apply to nonexempt staff who work more than 40 hours during any workweek:

1. Unless the district and the employee have an agreement or understanding in advance that the employee will be given compensatory (comp) time off for overtime work, he or she will be paid one and one-half (1½) times his or her regular rate of pay for each hour of overtime.

2. The Board discourages overtime work by nonexempt employees. A nonexempt employee shall not work overtime without the express approval of his or her supervisor. Nonexempt employees who begin work earlier or work later than their assigned hours without prior authorization from their immediate supervisor are subject to discipline, including termination.

Compensatory Time

The district uses comp time in lieu of overtime for the following classifications of employees:

__________________________________________________________________________.

This policy constitutes an agreement or understanding in advance that these employees will be given comp time off for overtime work. Employees will be awarded such comp time off at the rate of one and one-half (1½) hours for each hour of overtime worked.

The following provisions apply to comp time:

1. Comp time may be accrued up to 240 hours (160 overtime hours). Overtime work beyond this maximum accrual will be monetarily compensated at the rate of one and one-half (1½) times the individual’s regular rate of pay.

2. Every effort will be made to permit the use of comp time at a time mutually agreed upon by the individual and his or her supervisor. However, when the individual’s absence would unduly disrupt the district’s operations, the district retains the right to postpone comp time usage.

3. Upon leaving the district, individuals with unused comp time will be paid for any unused comp time at a rate not less than the higher of the average regular rate received by the employee during his or her last three (3) years of employment or his or her final regular rate of pay. (If overtime hours have not been converted to comp time, the employee will be paid one and one half[1½] times his or her final regular pay rate for each such hour of overtime.)

Individuals covered by this policy are required to complete a daily time record showing actual hours worked. Failure to maintain or falsification of such records may be grounds for disciplinary action.

 

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Note: The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or forms for related information.

 

Adopted: 1-14-08

 

Revised:

 

Legal Refs: Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq.

Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985)

 

Raymondville R-VII School District, Raymondville, Missouri

 

 

Portions © 2004, Missouri School Boards’ Association

For Office Use Only: GDBB-C.1C (12/04)