The Superintendent or Assistant Superintendent shall establish the working days and the hours of attendance for employees under his direction and may make such other regulations in regard to attendance as he deems necessary. It is the policy of the Board of Education to assure compliance with the Fair Labor Standards Act, its regulations, and relevant court decisions by directing all Northeast Technology Center employees to support and assist in assuring compliance by following the policies and procedures approved by the Board of Education.

Each employee shall be informed of the Fair Labor Standards Act through proper posting of the information disseminated by the U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division. (Section 516.4, Part 516, FLSA Regulations)

Each employee shall be provided access to a copy of the Fair Labor Standards Act policies, procedures, and Class Guide. The Class Guide shall indicate “exempt” and “non-exempt” status by position title. Workweek, workdays and work times shall be specified by position. The status of each position (exempt or nonexempt) shall be determined in accordance with the Fair Labor Standards Act guidelines provided in the act and its regulations.

The Class Guide shall indicate the type of exempt category (executive, administrative, or professional) for each position listed as “exempt”, in accordance with Part 541, FLSA Regulations.

An employee shall be informed if the actual job duties being performed warrant a classification different than the status indicated in the Class Guide. This determination will be based on the actual duties of the position. (Part 541, FLSA Regulations)

Appropriate personnel will be trained in the requirements and provisions of the FLSA, the federal regulations pertaining to the Act, relevant court decisions, and the Northeast Technology Center policies and procedures. Policy revisions will be recommended as needed to maintain compliance.

Salary Policies:

The Northeast Technology Center shall maintain the records indicated in the Fair Labor Standards Act. Exempt personnel on “fixed schedules” will follow procedures for recording hours worked as developed in accordance with Policy 2-4.3a(13). Hours worked by non-exempt personnel will be recorded on payroll forms showing actual number of hours worked. (Part 516, FLSA Regulations)

Each supervisor shall be responsible for recording all hours worked by his/her subordinates in excess of forty (40) hours in any one workweek and completing the necessary procedures to assure non-exempt employees receive compensation for those hours worked at a rate of one and one-half times the basic rate of pay or providing compensatory time at the rate of one and one-half hours for each hour worked during that pay period or receiving hour for hour compensatory time during the workweek in which the overtime was accrued.

Work Hours Policies:

Work hours are generally 8 a.m. to 4:30 p.m., Monday through Friday. Deviations shall be made from this schedule for Custodial and Security personnel assigned to different shifts. One-half hours is allowed for lunch. During the lunch period, each employee shall be provided at least thirty (30) consecutive minutes for a meal period, during which time the employee is completely relieved of duty and free to use this time for his/her own purposes. The meal period shall not be counted as “time worked” and overtime compensation will not be paid for mealtime.

Employees are expected to report for work on time. When employees find it necessary to be absent, late, or to leave work early, they will be expected to notify the Superintendent or Assistant Superintendent.

Each employee will be notified as to the beginning day of the workweek and the beginning hour of the day, prior to an employee actually beginning to perform work duties. Employees who are already performing work duties will be notified upon approval of these Fair Labor Standards Act policies and the Board of Education.

Supervisors may approve, twice daily, rest periods or breaks of fifteen minutes. Such rest periods may not be added to the lunch period or be used to offset late arrival in the morning or as a reason for leaving early in the afternoon.

Each employee who takes breaks or rest periods of fifteen (15) minutes or less, if authorized by his/her supervisor, may count this time period as “time worked.” Each employee who takes unauthorized breaks or short rest periods exceeding twenty (20) minutes will not count this time period as “time worked,” nor apply this period of time toward a request for compensatory time or overtime pay. If workload prevents an employee from taking a break or rest period, compensatory time nor overtime pay will not be granted for rest periods or break time not taken.

At least one person should be available in each office during working hours. Supervisors in offices or work areas are responsible for assuring that at least one person is available in office or work area during working hours.

Records Retention Policy:

Records required by the Fair Labor Standards Act shall be kept in a safe and accessible place at the Superintendent’s Office where such records are customarily maintained. (Section 516.7, Part 516, FLSA Regulations)

The following records shall be made available for inspection and transcription by the Wage and Hour Division of the U.S. Department of labor to assure compliance with the Fair Labor Standards Act:

1. Name in full, and on the same record, the employee’s Social Security number.

2. Home address, including zip code,

3. Date of birth, if under 19,

4. Sex and occupation in which employed (sex may be indicated by use of the prefixes Mr., Mrs., Ms., or Miss),

5. Time of day and day of week on which the employee’s workweek begins. If the employee is part of a work force or employed in or by and establishment all of whose workers have a workweek beginning at the same time on the same day, a single notation of the time of day and beginning day of the workweek for the whole work force or establishment will suffice. If, however any employee or group of employees has a workweek beginning and ending at a different time, a separate notation shall then be kept for that employee or group of employees.

6. Regular hourly rate of pay for any week when overtime is worked and overtime excess compensation and the amount and nature of each payment which is excluded from the “regular rate” (these records may be in the form of vouchers or other payment data).

7. Hours worked each workday and total hours worked each workweek,

8. Total daily or weekly straight-time earnings or wages, including all earnings or wages due for any overtime worked,

9. Total overtime excess compensation for the workweek,

10. Total additions to or deductions from wages paid each pay period by individual employee accounts, a record of the dates, amounts, and nature of the items which make up the total additions and deductions,

11. Total wages paid each pay period,

12. Date of payment and the pay period covered by payment,

13. Exempt employees working on fixed schedules may maintain records showing instead of the hours worked each day and each week as required above, the schedule of daily and weekly hours the employee normally works, and

    1. In weeks in which an exempt employee adheres to this schedule, indicates by check mark, statement, or other method that such hours were in fact actually worked and

    2. In weeks in which more or less than the scheduled hours are worked, shows the exact number of hours worked each day and each week. (Part 516, FLSA Regulations, Section 516.2)

The payroll records shall be preserved for 3 years from the last date of entry and all other records containing the employee information and data required under Section 516.5, Part 516, FLSA Regulations.

The following records shall be preserved for 2 years:

1. Basic employment and earnings records. From the date of last entry, all basic time and earning cards on which are entered the daily starting and stopping time of individual employees, or of separate work forces, or the individual employee’s daily, weekly, or pay period amounts of work accomplished, when those amounts determine in whole or in part the pay period earnings or wages of those employees.

2. Wage rate tables. From their last effective date, all tables or schedules of the employer which provide the rates used in computing straight-time earnings or overtime excess computation, and

3. Work time schedules. From the last effective date, all schedules or tables which establish the hours and days of employment of individual employees or of separate work forces.

4. Records of additions to or deductions from wages paid:

   1. All employee purchase orders, or assignments made by employees, all copies of addition or deduction statements furnished employees, and

   2. All records used by the employer in determining the additions to or deductions from wages paid.

   3. Any records made to explain the basis for assuring equal payment for similar jobs and/or assuring no discrimination exists in salary determinations. (Section 516.6, Part 516, FLSA Regulations)

Compensatory Leave and Overtime Pay

The Northeast Technology Center shall pay overtime compensation as earned and requested by non-exempt employees. Overtime pay will include longevity pay. Overtime pay requests shall exclude unauthorized rest periods or breaks exceeding 15 minutes, unworked holidays, annual leave, and sick leave. (778.102 FLSA Regulations)

The workweek period is calculated as starting at 12:00 A.M., Monday morning and ending at 11:59.59 P.M. Sunday night.

Neither compensatory time nor overtime payment shall be approved for exempt employees.

Records shall be maintained to indicate the day and hour on which each employee’s workweek begins. If work load permits, supervisors are encouraged to authorize compensatory time during the week within which overtime is accrued. A supervisor shall authorize compensatory time at the rate of one hour for one hour for overtime worked by a non-exempt employee if the workload will allow compensatory time to be given within the workweek it was accrued.

Each supervisor shall be responsible for controlling the number of hours worked by his/her subordinates and authorize overtime only as necessary and unavoidable due to weather conditions, seasonal activities, or emergencies. Overtime expenditures should be minimal.

If compensatory time, at the rate of one hour for one hour of overtime worked, cannot be granted during the workweek in which it was accrued, compensatory time at the rate of time and one-half shall be granted to a non-exempt employee during the pay period in which it was accrued, if the following conditions are met:

1. The employee chose compensatory time rather than overtime pay.

2. Compensatory time is taken within the same period in which it was accrued.

Each non-exempt employee who chose to take compensatory time, but who has not taken compensatory time for overtime worked by the end of the pay period shall be paid overtime compensation at the rate of one and one-half times the basic rate of pay.

Compensatory time at the rate of one and one-half or overtime pay at the rate of one and one-half times the basic rate of pay for non-exempt employees shall be accrued, recorded, and approved by workweek, not by pay period. (Section 785.7, FLSA Regulations)

Averaging of workweeks during the pay period to determine overtime pay or compensatory time during a pay period shall not be accepted as an appropriate supervisory practice. (Section 785.7, FLSA Regulations)

If an employee in a single workweek works at two or more different types of work for which different straight-time rates have been established, the regular rate for that week is the weighted average of such rates. That is, the earnings from all such rates are added together and this total is then divided by the total number of hours worked at all jobs. (Part 516, FLSA Regulations)

For persons employed as learners, apprentices, messengers, for full-time students (employed outside of their school hours) the same information and data required with respect to other employees shall be maintained and preserved.

Overtime shall be paid to non-exempt employees during the pay period in which the overtime is worked or during the next pay period, if it is not possible to process payment during the pay period in which the overtime was worked.

A non-exempt employee required to remain on-call on Northeast Technology Center premises or at a designated location shall count this period of time as “time worked,” if the employee cannot use the time for his/her own purposes. An employee who is on-call, but may use the time for his/her own purposes, shall not count this period of time as “time worked.”

A supervisor may recommend a workweek change only when necessary to perform the job duties. Workweek changes should be made permanent or for an extended period of time to assure revised work schedules are not being recommended as a means of evading the intent of the Fair Labor Standards Act. If a workweek change is needed, the employee will be informed prior to the implementation of the revised workweek schedule.

Each supervisor shall monitor non-exempt employees who work unnecessary and unauthorized overtime. Non-exempt employees shall be compensated for unauthorized overtime in the same manner as authorized overtime. Unauthorized overtime must be documented by the non-exempt employee.

Each supervisor shall designate at least one other supervisor who has the responsibility to determine if overtime work is necessary and who is authorized to grant permission to a non-exempt employee to work overtime, when the supervisor is not available to the employee or is absent from the office.

A non-exempt employee who has worked overtime shall document on Form FLSA—time worked, day on which work was performed, tasks performed, supervisor who authorized overtime work, and the reason the work was completed outside the regular work week.******

A non-exempt employee in travel status during normal work hours on a regular non-work day (i.e. weekend, holiday) and during hours outside his/her normal work hours on regular work days will count the time as “time worked.” Time to be excluded from “time worked,” if on travel status is sleeping time, regular meal periods, time spent in travel from home to the office, time on weekends that is not within the normal work hours (unless work is performed while in travel status upon request of the supervisor). (785.34-41, FLSA Regulations)

A non-exempt employee attending lectures, meetings, or participating in training programs sponsored by the Northeast Technology Center will not count the time period as “time worked,” if all of the following four conditions exists:

1. The meetings or training sessions were conducted outside normal working hours.

2. Attendance by employee was voluntary and the supervisor/employer did not encourage the employee to attend or participate for job-related reasons. c

3. The course, lecture, or meeting was not directly related to the employer’s job.

4. The employee did not perform any work related to his/her job during this time period.

Training programs attended by a non-exempt employee which are requested by the employee and approved by his/her supervisor shall not be counted as “time worked,” if outside normal working hours.

Internal controls shall be established to provide a means of controlling, reviewing, and evaluating the use of overtime.

A supervisor who does not implement adequate internal controls, thus approves personnel shall be held accountable to the Superintendent.

A non-exempt employee who continues to work unauthorized and unnecessary overtime will be subject to the following policy:

1. First Time Unnecessary and Unauthorized Overtime Is Worked – A disciplinary discussion with supervisor and employee will occur.

2. Second Time Unnecessary and Unauthorized Overtime Is Worked – A second disciplinary discussion will occur between supervisor and non-exempt employee and a report will be placed in the employee’s personnel file.

3. Third Time Unnecessary and Unauthorized Overtime Is Worked – Employee may be placed on leave without pay.

4. Fourth Time Unnecessary and Unauthorized Overtime Is Worked – The employee may be terminated.

Pay Period

All employees are paid on the 25th of each month unless the 25th fall on a weekend or district recognized holiday. During those months where the 25th falls on a weekend or holiday, the payday will be moved to the last working day before the weekend or holiday.

Any employee who does not have at least 5 days of any type of leave, excluding donated sick leave, must have their pay check moved to the last day of the month for the remainder of the fiscal school year.

Jury Duty

Upon receipt of notification from the state or federal courts of an obligation to serve on a jury, employees must notify their supervisor and provide him/her with a copy of the jury summons. The district will pay regular full-time and regular part-time employees, their daily rate, for time off for jury duty. The employee must pay the district the amount paid by the courts to employee for jury duty service, excluding travel reimbursement.

Approved January 21, 1985
Amended on December 15, 2003
Amended February 13, 2017