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

Pay Increases

Salary Advances and Loans

Designation of Compensation for Benefits

Use

Annual Election

Definition

  1. Is employed by an ESC;
  2. Is not a retiree eligible for coverage under Insurance Code Chapter 1575 (retiree group health benefits);
  3. Is not eligible for coverage by a group insurance plan under Insurance Code Chapter 1551 (state employee health insurance) or Chapter 1601 (state university employee health insurance); and
  4. Is not an individual performing personal services for the ESC as an independent contractor.

Education Code 22.101(2)

Fair Labor Standards Act

Minimum Wage and Overtime

Breaks for Nonexempt Employees

Meal Periods

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

Tests for Exemption

29 C.F.R. 541.1–541.3

Teachers Exempt as "Bona Fide Professionals"

Payment on Salary Basis

Safe Harbor Policy

29 C.F.R. 541.600, .602(a), .603

Weekly Wage Basis

Recordkeeping

TRS Contributions for New Hires

  1. Certify to TRS the total amount of salary paid during the first 90 days of employment of a new member and the total amount of employer payments under this section for the payroll periods; and
  2. Retain information, as determined by TRS, sufficient to allow administration of this section, including information for each employee showing the applicable salary as well as aggregate compensation for the first 90 days of employment for new employees.

Gov't Code 825.4041

TRS Surcharge for Rehired Retirees

TRS Fund Contributions

  1. The current contribution amount that would be contributed by the retiree if the retiree were an active, contributing member; and
  2. The current contribution amount authorized by the General Appropriations Act that the state would contribute for that retiree if the retiree were an active, contributing member.

Gov't Code 825.4092(b)

Health Insurance Contributions

Exception

Gov't Code 825.4092(c), (e); Insurance Code 1575.204(b)

Annualized Compensation

Notice Regarding Earned Income Tax Credit

  1. In person;
  2. Electronically to the employee's last known e-mail address;
  3. Through a flyer included, in writing or electronically, as a payroll stuffer; or
  4. By first class mail to the employee's last known address.

Labor Code 104.001–.003

Education Service Center, Region 2

DEA(LEGAL)-ESCA

UPDATE 21

DATE ISSUED: 7/6/2016