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FAIR LABOR STANDARDS ACT

PROCEDURES

 

 

It is the intent of this school district to fully comply with the Fair Labor Standards Act (FLSA), its regulations, and relevant court decisions and to cooperate with state agencies in an effort to maintain compliance with the FLSA.

 

The following procedures and guidelines are to be followed in each department to ensure employees are properly compensated for approved hours worked in excess of the established work week as required by the provisions of the FLSA.

 

Definitions

 

"Overtime" is defined as authorized, compensable work time in excess of forty (40) hours per work week.

 

A "work week" for full-time nonexempt employees is forty (40) hours during one consecutive seven-day period beginning at 12:00:01 a.m. on Saturday and ending at 12:00 midnight on the following Friday.

 

"Non-covered employees" are those who are excluded from the definition of "employee" within the meaning of 29 USCA §203(e) (Supp. 1990).

 

"Covered employees" are those who meet the definition of "employee" within the meaning of 29 USCA §203(e) (Supp. 1990).  Covered employees will be either exempt or nonexempt employees.

 

An "exempt employee" is a covered employee who is exempt from FLSA by virtue of meeting one of the tests for exemption.

 

A "nonexempt employee" is a covered employee who does not meet one of the tests for exemption.

 

Exemptions

 

The FLSA exempts certain groups of covered employees from coverage.  The following categories of exemptions are established:

 

   1.       Executives

 

   2.       Administrators; e.g., superintendents, principals

 

   3.       Professionals; e.g., teachers, special education skilled service providers, attorneys, auditors, nurses, counselors