4100

7910

FAIR LABOR STANDARDs ACT COMPLIANCE

4100

7910

It is the policy of the Wake County Board of Education to comply with the wage and hour requirements of the Fair Labor Standards Act for all nonexempt employees.

4100.1

7910.1

Workweek: For purposes of compliance with the Fair Labor Standards Act, the employee workweek shall be from 12:01 a.m. Monday to 12 midnight Sunday.

4100.2

7910.2

Overtime:  Employees who are not exempt from the provisions of the Fair Labor Standards Act shall be entitled to time and a half pay for all hours worked beyond forty (40) in a given work week except as provided in policy 4100.3/7910.3 (compensatory time). Overtime should not be worked by nonexempt employees except in emergency or extraordinary circumstances and upon prior approval by the superintendent or his/her designee and the employee's immediate supervisor. Violations of this policy may result in disciplinary action up to and including dismissal.  Supervisors shall make every attempt to modify an employee's schedule to avoid his/her working more than forty (40) hours in a given week.

Employees shall maintain accurate daily records of their hours worked on forms provided by the school system.

Any employee who falsifies work records will be subjected to termination.

Teacher assistants may not be assigned coaching responsibilities without the written approval of the principal and the assistant superintendent for human resources – staffing and development.

4100.3

7910.3

Compensatory Time: Employees who are not exempt from the provisions of the Fair Labor Standards Act may accrue compensatory time (comp time) at a rate of 1.5 hours for every one hour worked in lieu of receiving overtime pay for hours worked beyond forty (40) in a given work week. Comp time will be the first option for compensating an employee for overtime. Supervisors shall arrange for employees to take comp time within one pay period following the time it is earned if possible. Only with appropriate authorization will a nonexempt employee be compensated for overtime worked at a rate of one and one-half times their regular hourly rate. 

A maximum of two hundred forty (240) comp time hours may be earned by an employee. Employees will receive time and a half payment for any overtime earned in excess of this amount.

Employees must obtain approval from their immediate supervisors before taking comp time.

An employee may be required to use earned compensatory time prior to taking other paid leave where consistent with law and board policy.

The superintendent or his/her designee may exempt certain employees or categories of employees from this comp time provision when deemed necessary for the proper administration of the school system.

4100.4

7910.4

It is the practice and policy of the Wake County Public Schools to substitute compensatory time for overtime, as provided in section 4100.3/7910.3 of this policy.  All employees, including new employees, shall be notified of this practice.

Legal Reference: The Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 201, et. seq.

Adopted:  August 18, 1986

Revised:  December 1, 1998

Revised:  September 27, 1999

Revised:  May 21, 2002