5265 -LIVING WAGE POLICY
Policy No. 5265 LIVING WAGE POLICY
In the interests of the health and welfare of its employees, it is the policy of the Durham Public Schools Board of Education to pay all full-time employees of the Durham Public Schools (DPS) a living wage. The Superintendent or designee shall annually make such adjustments in the pay plan necessary to ensure the minimum living wage rate as stated in this policy is paid to all full-time employees.
I. Definitions
a. Living wage: DPS shall use the rate provided by the Durham County Manager. The living wage rate shall be calculated by July 1st each year.
b. Full-time Employee: An employee in a permanent position who works 30 or more hours per week.
II. Durham Public Schools Personnel Exemptions
a. This minimum “living wage” rate to be paid by the Durham Public Schools Board of Education shall not apply to full-time or part-time volunteers, or others employed by DPS in part-time or extra-duty positions.
b. This minimum “living wage” rate to be paid by DPS shall not apply to full-time or part-time students who are working for DPS in positions designed to further the student’s education.
c. This minimum “living wage” rate shall not apply to those DPS employees who are in positions requiring certification or license by the state and who do not currently hold such certification or license as required by the state for their positions.
d. This minimum “living wage” rate shall not apply to substitute teachers employed by DPS whose rates of pay are set by the state.
III. Service Contracts
a. The living wage policy shall apply to all service contracts entered into by the Board of Education or Durham Public Schools unless otherwise exempted by this policy.
b. Contractors subject to this policy shall pay to all full-time employees performing services for DPS at least the living wage rate. In addition, all contractors subject to this policy shall offer or provide to all full-time employees performing services for DPS health insurance or health benefits equivalent to at least 7.5% of the hourly living wage or pay 7.5% of the living wage rate in additional hourly pay.
c. The Superintendent or designee shall implement regulations and procedures to ensure that all service contracts comply with the Board’s living wage policy.
IV. Contract Exemptions
a. Contracts subject to federal or state laws or funded through grants or debt issuance which provide for a payment to the lowest bidder, provide for a particular rate of payment for services, or provide for payment by the unit of service.
b. Contracts for $10,000 or less on an annual basis and/or contractors with 10 or fewer employees.
c. Contracts between the Board of Education and another unit of government.
d. Contracts between the Board of Education and a non-profit corporation which is exempt from income tax pursuant to Section 501(c) (3) of the Internal Revenue Code.
e. Any contract exempted by action of the Superintendent when requested to do so by the Deputy or Associate Superintendent of the department administering the contract when it is determined that compliance with this policy will result in the loss of an essential service to the school system. The Superintendent shall report quarterly to the Board any contracts which fall under this exemption.
V. Reporting
The Superintendent shall report the effects of the living wage policy to the Board on a semi-annual basis.
VI. Effective Date
This policy shall be effective on and after December 15, 2005. The living wage requirement shall apply to all service contracts entered on or after the effective date of this policy.
Legal Reference: G.S. 115C-47(21); 115C-36
Adopted Effective: December 15, 2005
