Definitions
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.
Hours Worked – For the 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, in accordance with law. Meal periods of 30
minutes or longer and break periods of 20 minutes or longer do not count as hours worked as long
as the employee is relieved of all duties and is free to leave his or her duty post. Breaks for nursing
mothers to express breast milk are also not considered as hours worked.
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.
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.
3. Holiday pay during a workweek will be considered as work time in computing the 40 hours.
Work performed on a paid holiday will be compensated at the regular hourly rate in addition
to the holiday pay, unless it is overtime work.
4. In emergency situations where mechanics, maintenance or custodial employees are called
back in once they have left work, they will be paid double the regular hourly rate for the
hours worked.
5. Employees who work two (2) or more different jobs with different rates of pay, who work
more than 40 hours in a workweek, may be paid an overtime rate based on a blended rate of
pay for all jobs worked.
6. Work time over eight (8) hours per day, or ten (10) hours during summer hours, may be
approved for overtime pay if the supervisor in charge of the employees determines it is
essential for the district’s efficient operation.
Compensatory Time
The district uses comp time in lieu of overtime for all nonexempt 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. The district may require an employee to use
accrued comp time to avoid excessive accumulation or monetary liability.
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 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.
Required Breaks
In accordance with law, the district will provide a reasonable break time for an employee to express
milk for her nursing child each time the employee has a need to express for one (1) year after the
child's birth. The district will provide a location, other than a bathroom, that is shielded from view
and free from intrusion from coworkers and the public that employees may use to express milk.
* * * * * * *
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.
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Adopted: 02/11/2003
Revised: 11/11/2003; 07/19/2005; 03/08/2011
Legal Refs: Fair Labor Standards Act, 29 U.S.C. §§ 201 - 216
Garcia v. San Antonio Metro. Transit Auth., 469 U.S. 528 (1985)
North Kansas City School District, Kansas City, Missouri
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