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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, including paid holidays (if eligible), 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.


Paid Holiday Eligibility – Those employees whose work calendars include paid holiday(s) and who work or take pre-approved vacation leave the scheduled work day before and the scheduled work day after each paid holiday. Employees whose assignments are based on a 12 month calendar will be paid for all district approved holidays. Employees whose assignments are based on less than a 12 month calendar will be paid for one (1) district approved holiday.


Paid Holiday Compensation – Eligible employees who work or take pre-approved vacation leave the scheduled work day before and the scheduled work day after a paid holiday will be credited with the paid holiday hours toward the employee's 40-hour work week (Sunday, 12:01 a.m. through Saturday, 12:00 midnight).


Overtime Compensation


When an emergency arises, as determined by the district administration, certain classifications of employees may be required by the department administrator to work overtime; i.e., inclement weather or a building emergency.


The following provisions apply to nonexempt staff who work more than 40 hours during the workweek (Sunday, 12:01 a.m. through Saturday, 12:00 midnight):

 

1.         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. All overtime for nonexempt employees must have prior approval of the administrator in charge and the immediate 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.         In the event the total hours worked plus eligible paid holiday hours exceeds 40 hours per week (Sunday, 12:01 a.m. through Saturday, 12:00 midnight), the hours in excess of 40 hours will be considered overtime.


Time Reporting


All nonexempt employees must record their actual daily hours worked either by clocking in and out or completing a daily time sheet or log as required by the Fair Labor Standards Act (FLSA). Employees must record start time of work, time in and out for meal breaks, and time work ended each day.


Daily records of hours worked by nonexempt employees are forwarded to payroll every two (2) weeks.


Each employee is responsible for accurate clocking/recording of his/her time. Clocking another employee in or out or any falsification of time records is a violation of district policy and is grounds for discipline up to and including termination.


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:         10/14/1993

 

Revised:          08/13/1998; 04/05/2001; 05/12/2005; 04/07/2008; 06/11/2009; 05/13/2010; 07/14/2011

 

Legal Refs:     Fair Labor Standards Act, 29 U.S.C. §§ 201 - 216

Garcia v. San Antonio Metro. Transit Auth., 469 U.S. 528 (1985)


St. Charles School District, St. Charles, Missouri

 

Link to Missouri Statutes

Link to Missouri Regulations

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For Office Use Only: GDBB-C.SC6 (12/04)

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