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FILE:  GDBB
CRITICAL

 

NONEXEMPT EMPLOYEE SUPPLEMENTARY PAY PLANS

(District Uses Compensatory Time)

 


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.


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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.

 

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

 

Link to Missouri Statutes

Link to Missouri Regulations

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For Office Use Only: GDBB-C.NKC (11/10)

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