FAIR LABOR STANDARDS ACT (FLSA) | Policy Manual

6700 - FAIR LABOR STANDARDS ACT (FLSA)

It is the Governing Board’s policy to comply with the provisions of the Fair Labor Standards Act (FLSA) and its implementing regulations. To that end, the Governing Board shall pay at least the minimum wage required by the FLSA to all covered, non-exempt employees. Further, the Governing Board recognizes the safe and efficient operation of the ESC may occasionally require covered, non-exempt employees to work more than forty (40) hours during a given work week. Work week is defined as the seven (7) day period of time beginning on Sunday at 12:00 a.m. and continuing to the following Saturday at 11:59 p.m. Covered, non-exempt employees who work (i.e., perform work on behalf of or for the benefit of the Governing Board) more than forty (40) hours in a given work week shall receive premium pay (i.e., one and one-half (1 1/2) times the employee’s regular hourly rate of pay) for all hours worked in excess of forty (40).

The Superintendent or designee shall determine the necessity and availability of overtime work. Overtime may be authorized only by a supervisor and shall be used primarily to address circumstances of an emergency or temporary nature. Non-exempt employees who work overtime without prior approval from the Superintendent or a supervisor may be subject to disciplinary action up to and including termination.

Exempt employees are individuals who are exempt from the FLSA minimum wage and overtime provisions. These employees include persons employed in bona fide executive, administrative, and professional positions, and certain computer employees. To qualify for the exemption, employees generally shall meet certain tests regarding their job duties and be paid on salary basis at not less than $684 per week. The salary requirement does not apply to teachers. Exempt computer employees may be paid at least $684 on a salary basis or on an hourly basis at a rate not less than $27.63 an hour. Being paid on a “salary basis” means an employee regularly receives a predetermined amount of compensation each pay period on a weekly, or less frequent, basis. Additionally, the predetermined amount cannot be reduced because of variation in the quality or quantity of the employee’s work. Subject to the exceptions listed below, an exempt employee shall receive the full salary for any work week in which the employee performs any work, regardless of the number of days or hours worked.

Notwithstanding the fact that exempt ESC employees continue to meet the salary basis requirements and are not disqualified from exemption even if the employee’s pay is reduced or the employee is placed on a leave without pay for absences for personal reasons or because of illness or injury of less than one (1) work-day because accrued leave is not used for specific reasons, the Governing Board reserves the right to make deductions from the pay of otherwise exempt employees under the following circumstances:

the employee is absent from work for one (1) or more full days for personal reasons other than sickness or disability;
the employee is absent from work for one (1) or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy, or practice of providing compensation for salary lost due to illness;
to offset amounts employees, receive as jury or witness fees, or for military pay;
for unpaid disciplinary suspensions of one (1) or more full days imposed in good faith for workplace conduct rule infractions; and/or
for penalties imposed in good faith for infractions of safety rules of major significance.

The Governing Board shall also not be required to pay the full salary in the initial or terminal week of employment, or for weeks in which an exempt employee takes unpaid leave under the Family & Medical Leave Act.

The Governing Board recognizes that with limited legally permissible exceptions, no deductions should be taken from the salaries of exempt employees. If an exempt employee believes that an improper deduction has been made to the exempt employee's salary, the employee should immediately report this information to the Superintendent, Treasurer/CFO, or the exempt employee's immediate supervisor. Reports of improper deductions shall be promptly investigated. If it is determined that an improper deduction has occurred, the employee shall be promptly reimbursed for any improper deduction made, and the Governing Board shall make a good faith commitment to avoid any recurrence of the error.

The Governing Board directs the Superintendent to distribute this policy to all employees upon initial hire and on an annual basis.

Reasonable Break Time for Nursing Mothers

As required by Federal law, the ESC shall take steps necessary to support staff members who decide to breastfeed their infants by providing additional unpaid reasonable break time, as necessary, for an employee to express breast milk for their nursing child for one (1) year after the child’s birth on ESC premises.

Prior to returning to work from maternity leave, it shall be the employee’s responsibility to notify their supervisor of their intent to continue breastfeeding their infant(s), and of their need to express milk during work hours. Further, it shall be the responsibility of the employee to keep their supervisor informed of their needs in this regard throughout the period of lactation.

The building administrator shall designate a private area, other than a restroom, where an employee can express breast milk. The designated area shall be a space where intrusion from coworkers, students, and the public shall be prevented, and one where an employee who is using this area can be shielded from view. Employees who telework must also be free from observation by any employer-provided video systems, including video or security cameras or web conferencing platforms.

The frequency and duration of breaks needed to express milk may vary. An employee will be responsible for informing the Superintendent or their supervisor of their needs as they change over time. The Superintendent or supervisor will work with the employee to adjust the employee's schedule and ensure that any required duties are covered. Employees shall be permitted to express milk during regularly scheduled break periods. The Superintendent or the employee's supervisor shall make adjustments in the employee's break schedule if the time of the regular breaks needs to be adjusted or if additional and/or longer breaks are needed. In the event that more breaks are needed or the break(s) need to be longer than the time available during a paid break, the additional time required shall be unpaid and the employee's work schedule or work day may be modified accordingly. The Principal or the employee’s supervisor shall work with the employee to make these necessary modifications.