5525 -FAIR LABOR STANDARDS ACT COMPLIANCE
It is the policy of the Durham Public Schools Board of Education to comply with the wage and hour requirements of the Fair Labor Standards Act for all "nonexempt" employees.
5525.1 Work Week: For purposes of compliance with the Fair Labor Standards Act, the employee work week shall be from 12:01 a.m. Saturday to 12 midnight Friday. The Superintendent is authorized to designate different work weeks for various classes of employees.
5525.2 Compensatory Time: Employees who are not exempt from the overtime provisions of the Fair Labor Standards Act will accrue compensatory time
(comp. time) at a rate of 1.5 hours for every hour worked beyond forty
(40) hours in a single work week. Supervisors will make every attempt to modify an employee's schedule to avoid more than forty (40) hours of work in a given week.
No employee shall work overtime without the express approval of the supervisor.
No supervisor shall allow an employee to accumulate more than 40 hours of compensatory time without prior approval of the Superintendent. Employees must be allowed to use compensatory time within a reasonable period after requesting such use.
Compensatory time off, at a rate of one and one-half times the hours worked, will be the first option for compensating an employee for overtime. Only with appropriate authorization will nonexempt employees be compensated for overtime worked at a rate of one and one-half times their regular hourly rate of pay. Supervisors should encourage employees to use accumulated compensatory time during the pay period in which that compensatory time was earned.
If an employee holds compensatory time upon termination of employment, such time will be paid to the employee in accordance with the Fair Labor Standards Act and federal regulations.
5525.3 Overtime: Overtime hours (in excess of 40 hours a week in a given workweek) may be paid in accordance with the Fair Labor Standards Act and Wage and Hour regulations. Overtime should not be worked by nonexempt employees except in an emergency or extraordinary circumstances and with prior approval of the Superintendent or designee.
It is Durham Public Schools practice and policy to substitute compensatory time for overtime, as provided in section 5525.2 of this policy. All employees, including new employees, shall be informed of this practice.
5525.4 Volunteer Work: Employees may volunteer to work at school events, provided the work is clearly at the employee's option, is in a different capacity from the employee's regularly-assigned duties and is performed on an occasional or sporadic basis. Employees may not volunteer to provide the same type of service they are employed to perform for the school system. Such work shall be treated as regular work and be subject to hourly employment compensation.
The Fair Labor Standards Act of 1938, as amended; 29
U.S.C. 201 et seq.
Adopted Effective: July 1, 1999
