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4100 7910 |
FAIR LABOR STANDARDs ACT
COMPLIANCE |
4100 7910 |
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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. |
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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. |
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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. |
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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. |
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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. |
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