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

Classification of Positions

The Superintendent or designee shall determine the classification of positions or employees as "exempt" or "nonexempt" for purposes of payment of overtime in compliance with the Fair Labor Standards Act (FLSA).

Exempt

The District shall pay employees who are exempt from the overtime pay requirements of the FLSA on a salary basis. Exempt employees shall not be entitled to overtime compensation. The salaries of these employees are intended to cover all hours worked, and the District shall not make deductions that are prohibited under the FLSA.

An employee who believes deductions have been made from his or her salary in violation of this policy should bring the matter to the District's attention, through the District's complaint policy. [See DGBA] If improper deductions are confirmed, the District will reimburse the employee and take steps to ensure future compliance with the FLSA.

Nonexempt

Nonexempt employees may be compensated on an hourly basis or on a salary basis. Employees who are paid on an hourly basis shall be compensated for all hours worked. Employees who are paid on a salary basis are paid for up to and including a 40-hour workweek.

A nonexempt employee shall not work overtime without prior approval of his or her supervisor. An employee who works overtime without prior approval is subject to discipline but shall be compensated in accordance with the FLSA.

Workweek Defined

For purposes of FLSA compliance, the standard workweek for District employees shall begin at 12:00 a.m. Sunday and end at 11:59 p.m. Saturday.

Overtime Compensation

A nonexempt employee who works more than 40 hours in the standard workweek shall receive overtime compensation calculated at the rate of one and one-half times the employee's regular rate of pay as defined by the FLSA. A supervisor can avoid the time and a half overtime compensation by adjusting the employee's work schedule within the standard workweek to maintain 40 hours worked by the employee.

The District's standard method of payment for work beyond 40 hours shall be compensatory time, which shall be paid at the rate of one and one-half hours for each hour over 40 that the employee physically works.

Compensatory Time

At the District's option, nonexempt employees may receive compensatory time off, rather than overtime pay for work beyond the standard 40-hour workweek. The employee shall be informed in advance if overtime hours will accrue compensatory time rather than pay.

Accrual

Compensatory time earned by nonexempt employees may not accrue beyond a maximum of 60 hours. If an employee has a balance of more than 60 hours of compensatory time, the District shall require the employee to use the compensatory time, or at the District's option, the District shall pay the employee for the compensatory time.

Use

An employee shall use accrued compensatory time within the duty year in which it is earned if at all possible. If an employee has any unused compensatory time remaining at the end of a duty year, the unused balance of 40 hours or less shall be carried forward in the subsequent duty year to be used. Compensatory time over 40 hours shall be paid by the campus.

Compensatory time may be used at either the employee's or the District's option. An employee may use compensatory time in accordance with the District's leave policies and if such use does not unduly disrupt the operations of the District. [See DEC(LOCAL)] The District may require an employee to use compensatory time when in the best interest of the District.

Attending Professional Development Sessions

A nonexempt employee who attends pre-approved professional development sessions outside the employment calendar, such as in the summer months, shall receive compensatory time calculated at the rate of one hour for each hour attended, unless attendance causes the employee to exceed 40 hours in the standard workweek. If the employee exceeds the 40-hour workweek, the calculation shall be at the rate of one and one-half hours for each hour over 40 hours.

Compensatory Time Balance Upon Separation

A nonexempt employee who has a compensatory time balance when ending service with the District or when moving from an FLSA-nonexempt position to an FLSA-exempt position shall be paid for any remaining compensatory time balance at his or her current rate of pay at the time of separation.

Humble ISD

DEAB(LOCAL)-X

UPDATE 102

DATE ISSUED: 5/19/2015