Fair Labor Standards Act
PIP 35-8.2 Overtime states, “Overtime pay shall be paid to cover employees in accordance with the FLSA.” The FLSA establishes for covered employees overtime pay at a rate of not less than one and one-half the regular rate of pay after 40 hours of work in a workweek for nonexempt employees. There is no limit on the number of hours employees 16 years or older may work in any workweek.
Who is covered?
- As a general rule, all employees paid on E, P and T-scales and the Clerk of the School Board are exempt from FLSA and do not earn overtime.
- Employees in other pay scales whose duties are executive, administrative or professional in nature are exempt from FLSA and are not eligible for overtime pay (see PIP 35-8.2 Overtime, Section A-1b for definitions).
- A, C, D, G, M and X-Scale employees and other employees whose positions have been determined nonexempt from the FLSA are covered by FLSA and eligible to earn overtime.
Procedures for Overtime
- Officials authorized by the Superintendent to approve overtime must ensure that except in cases of emergencies, overtime work is approved in advance.
- Covered employees must be paid for all hours they are “suffered or permitted” by their supervisors to work.
- Generally, the official workweek for APS employees is Sunday to Saturday unless another schedule has been defined.
- Overtime shall be paid on the payday for the pay period following the one in which the overtime was worked.
- Employees may be required to work overtime during emergency situations; otherwise, employees shall not be forced to work overtime.
- In emergency situations, the employee shall be paid for travel time between his or her home and the worksite and back at the end of the job. In addition, employees who are called back at the end of their shifts shall be paid for at least two hours even though the travel and work time might be less.
- Teachers shall be compensated at their regular hourly rates (in one-half hour increments) for any meetings scheduled by administrators that last more than one hour beyond contract time, except for county-wide meetings for which high school work hours apply to all.