DEA(LEGAL) - COMPENSATION AND BENEFITS: SALARIES AND WAGES

Fair Labor Standards Act

Minimum Wage and Overtime

Law Enforcement Officers

  1. In a work period of 28 consecutive days the employee receives for tours of duty which in the aggregate exceed 171 hours compensation at a rate not less than one and one-half times the regular rate at which he is employed; or
  2. In the case of such an employee to whom a work period of at least seven but less than 28 days applies, in his work period the employee receives for tours of duty which in the aggregate exceed a number of hours which bears the same ratio to the number of consecutive days in his work period as 171 hours bears to 28 days, compensation at a rate not less than one and one-half times the regular rate at which he is employed.

Breaks for Nonexempt Employees

Compensatory Time

Accrual

Payment for Accrued Time

Use

Exempt Employees

Administrative Employee

  1. Compensated on a salary or fee basis at a rate of not less than $684 per week, exclusive of board, lodging, or other facilities;
  2. Whose primary duty is the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer's customers; and
  3. Whose primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.
Academic Administrator
  1. Who is compensated for services on a salary or fee basis at a rate of not less than $684 per week exclusive of board, lodging, or other facilities, or on a salary basis that is at least equal to the entrance salary for teachers in the educational establishment by which employed; and
  2. Whose primary duty is performing administrative functions directly related to academic instruction or training in an educational establishment or department or subdivision thereof.
  1. Department heads in institutions of higher education responsible for the administration of the mathematics department, the English department, the foreign language department, and the like;
  2. Academic counselors who perform work such as administering school testing programs, assisting students with academic problems and advising students concerning degree requirements; and
  3. Other employees with similar responsibilities.

Professional Employee

  1. Compensated on a salary or fee basis at a rate of not less than $684 per week, exclusive of board, lodging, or other facilities; and
  2. Whose primary duty is the performance of work requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction; or requiring invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor.
Faculty
Other Professionals

Computer Employees

  1. The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications;
  2. The design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;
  3. The design, documentation, testing, creation, or modification of computer programs related to machine operating systems; or
  4. A combination of the aforementioned duties, the performance of which requires the same level of skills.

Salary Basis

Highly Compensated Employees
Partial-Day Deductions
  1. Permission for its use has not been sought or has been sought and denied;
  2. Accrued leave has been exhausted; or
  3. The employee chooses to use leave without pay.

Safe Harbor Policy

Wage and Hour Records

Employee with Multiple Appointments

Pay Increases

Generally

Merit Salary Increases

Salary Advances and Loans

Payments in Excess of Contractual Amount

  1. The reason the payment in excess of the contractual amount is being offered to the employee or former employee, including the public purpose that will be served by making the excess payment; and
  2. The exact amount of the excess payment, the source of the payment, and the terms for the distribution of the payment that effect and maintain the public purpose to be served by making the excess payment.

Notice Regarding Earned Income Tax Credit

  1. In person;
  2. Electronically at the employee's last known email address;
  3. Through a flyer included, in writing or electronically, as a payroll stuffer; or
  4. By mailing the information to the employee at the employee's last known address by U.S. first class mail.

Payday Law Exemption

Information Regarding Staff Compensation

Compensation

Executive Staff

  1. The director, executive director, commissioner, administrator, or other individual who is appointed by the governing body of a state agency or by another state officer to act as the chief executive officer or administrative head of the agency and who is not an appointed officer; and
  2. Other management or senior-level staff members of a state agency who directly report to the individual listed in item 1.

Internet Posting

  1. The number of full-time equivalent employees employed by the agency;
  2. The amount of legislative appropriations to the agency for each fiscal year of the current state fiscal biennium;
  3. The agency's methodology, including any employment market analysis, for determining the compensation of executive staff employed by the agency, along with the name and position of the person who selected the methodology;
  4. Whether executive staff are eligible for a salary supplement;
  5. The market average for compensation of similar executive staff in the private and public sectors;
  6. The average compensation paid to employees employed by the agency who are not executive staff; and
  7. The percentage increase in compensation of executive staff for each fiscal year of the five preceding fiscal years and the percentage increase in legislative appropriations to the agency each fiscal year of the five preceding fiscal years.

Gifts, Grants, and Donations for Salary Supplements

Conflict of Interest Provisions

Internet Posting

Reports

Generally

  1. Whether the person making the gift, grant, or donation or providing other consideration to the state agency is an individual or an entity;
  2. If the person is an entity, the type of entity;
  3. If the entity is a nonprofit entity or organization, whether the entity is classified as a supporting organization by the Internal Revenue Service;
  4. If the entity is classified as a supporting organization by the Internal Revenue Service, the type of supporting organization, the name of the supported organization, and any other information relating to that classification;
  5. Any internal or external oversight procedures the state agency has established to monitor the use of any gift, grant, donation, or other consideration the agency receives; and
  6. How the state agency uses gifts, grants, donations, and other consideration the agency receives, including whether they are used to provide salary supplements for agency employees.

College District Support Entities

  1. The name of each person who makes gifts, grants, or donations, or provides other consideration to the entity, in an amount or having a value that exceeds $10,000, unless the person has made a request to the entity to remain anonymous; and
  2. The amount or value of each specific gift, grant, donation, or other consideration.

Vernon College

DEA(LEGAL)-LJC

UPDATE 37

DATE ISSUED: 12/5/2019