DEAB(LEGAL) - COMPENSATION PLAN: WAGE AND HOUR LAWS

Fair Labor Standards Act

Minimum Wage and Overtime

Breaks for Nonexempt Employees

Compensatory Time

Accrual

Payment for Accrued Time

Use

29 U.S.C. 207(o); Christensen v. Harris County, 529 U.S. 576 (2000); Houston Police Officers' Union v. City of Houston, 330 F.3d 298 (5th Cir. 2003)

Exempt Employees

Academic Administrators

Compensated for services on a salary or fee basis at a rate of not less than $455 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 district by which employed; and

Whose primary duty is performing administrative functions directly related to academic instruction or training in a district or department or subdivision thereof.

The superintendent or other head of an elementary or secondary school system, and any assistants, responsible for administration of such matters as curriculum, quality and methods of instructing, measuring and testing the learning potential and achievement of students, establishing and maintaining academic and grading standards, and other aspects of the teaching program;

The principal and any vice principals responsible for the operation of an elementary or secondary school;

Academic counselors who perform work such as administering school testing programs, assisting students with academic problems and advising students concerning degree requirements; and

Other employees with similar responsibilities.

29 C.F.R. 541.204

Salary Basis

Partial-Day Deductions

Permission for its use has not been sought or has been sought and denied;

Accrued leave has been exhausted; or

The employee chooses to use leave without pay.

29 C.F.R. 541.710

Safe Harbor Policy

29 C.F.R. 541.603(d)

Teachers

Regular academic teachers;

Teachers of kindergarten or nursery school pupils;

Teachers of gifted or disabled children;

Teachers of skilled and semi-skilled trades and occupations;

Teachers engaged in automobile driving instruction;

Home economics teachers; and

Vocal or instrumental music instructors.

29 C.F.R. 541.303

Wage and Hour Records

Payday Law Exemption

Huntington ISD

DEAB(LEGAL)-P

UPDATE 103

DATE ISSUED: 9/30/2015