Wage and Hour Issues for School Support EmployeesPresentation Transcript
WAGE & HOUR LAW YOUR RIGHTS Classified School Employees A publication of The SCEA. Do not distribute without permission. All rights reserved.
The Fair Labor Standards Act (FLSA) prescribesstandards for wages and overtime pay. The act isadministered by the Wage and Hour Division. It requiresemployers to pay non-exempt employees at least thefederal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. The FLSA alsoprovides for the Family Medical Leave Act.http://www.dol.gov/whd/flsa/
Are you due overtime pay, if you work more than 40 hours in one week?Employees who are in Employees who are inEXEMPT POSITIONS NON-EXEMPT positionsare Certified and they are are not certified and theyexempt from earning are NOT exempt from theovertime. overtime law; therefore, they earn overtime if they work more than 40 hours in one week.
Are you due overtime pay, if you work more than 40 hours in one week?EXEMPT POSITIONS (Cert) NON-EXEMPT (Non-Cert) NO: YES: • Superintendent • Teacher Assistants • District Office • Cafeteria Administrators • Secretary • Principals • Custodian • Bus • Assistant Principals • Maintenance • Teachers • ISS, Computer Lab • Guidance, Media, Nurs • Parent Coordinator e
Fact Sheet #23: Overtime PayRequirements of the FLSA• Employees must receive overtime pay • When more than one rate of pay is for hours worked in excess of 40 in a involved (e.g. TA and Bus), the overtime workweek at a rate not less than time pay due must be computed on the basis and one-half their regular rates of pay. of the average hourly rate of both jobs.• Hours must be physically worked. This is calculated by dividing the total Holidays, vacations, and leave hours are pay in any workweek by the total not included to make up the 40+.• The Act applies on a workweek basis. An number of hours actually worked. employees workweek is a fixed and • The regular rate for that week is the regularly recurring period of 168 hours - weighted average of the rates. The - seven consecutive 24-hour periods. earnings from all such rates are added• Averaging of hours over two or more together and this total is then divided by weeks is not permitted. the total number of hours worked at all• Normally, overtime pay earned in a jobs. particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.
Fact Sheet #23: Overtime PayRequirements of the FLSA• A fixed salary for a regular workweek • The overtime requirement may not be longer than 40 hours does not discharge waived by agreement between the FLSA statutory obligations. For employer and employees. example, an employee may be hired to • An agreement that only 8 hours a day or work a 45 hour workweek for a weekly only 40 hours a week will be counted as salary of $300. In this instance the working time also fails the test of FLSA regular rate is obtained by dividing the compliance. $300 straight-time salary by 45 • An announcement by the employer that hours, resulting in a regular rate of no overtime work will be permitted, or $6.67. The employee is then due that overtime work will not be paid for additional overtime computed by unless authorized in advance, also will multiplying the 5 overtime hours by one- not impair the employees right to half the regular rate of pay ($3.335 x 5 = compensation for compensable overtime $16.68). hours that are worked.
1. The Secretary of Labor may bring suit forFederal back wages. 2. An employee may file a private suit for backoptions pay and an equal amount as liquidated damages, plus attorneys fees and court costs.for 3. The Secretary of Labor may obtain an injunction to restrain any person fromgetting violating FLSA, including the unlawfulback withholding of proper minimum wage and overtime pay.wages. 4. A 2-year statute of limitations applies to the recovery of back pay, except in the case of willful violation, in which case a 3-year statute applies.
South Carolina does not have itsown overtime law. It follows the federal law.
5. Every employer in the State shall pay all wages due in lawful United States money or by negotiable warrant or check bearing even date with the payday. 6. When an employee’s wages are paid by deposit at aSC financial institution, he must be furnished a statement of earnings and withholdings.Payment 7. Any wage deposit plan adopted by an employer shall entitle each employee to at least one withdrawal for eachof Wages deposit, free of any service charge. 8. An employer shall not withhold or divert any portion ofLaw an employee’s wages unless the employer is required or permitted to do so by state or federal law or the employer has given written notification to the employee of the amount and terms of the deductions as required by subsection (A) of §41-10-30. 9. Every employer in the State shall pay all wages due at the time and place designated as required by subsection (A) of §41-10-30.
School District Board Policies IncludeReferences to the FLSA Florence 5 Policy GDBC Support Staff Supplementary Pay/Overtime • The board recognizes that the district is subject to the provisions of the Fair Labor Standards Act. This Act includes provisions applicable to … overtime pay for non-exempt employees. • The board also recognizes that it may occasionally be necessary for non- exempt persons to work more than 40 hours during a given work week. Individuals will be paid time-and-a-half (in money or compensatory time off) for each hour of overtime worked. No overtime, as defined by the FLSA, will be required or permitted without authorization from the employees immediate supervisor. • The district requires all employees who are subject to the provisions of the FLSA to complete a daily time record showing actual hours worked. Failure to maintain or falsification of such records may be grounds for disciplinary action.
1. Employee is paid every two weeks or bi-Common weekly, so hours are averaged over the two week pay period. (45 hours in week 1 and 35 hours in week 2 = 80 hours; therefore, nomistakes or overtime is due. WRONG! The employee is due 5 hours of OT for week 1.)ways the 2. Employee works 2 hours overtime in week 1 and instead of OT $$, decides to take 2district hours off later in the year. WRONG. Comp time rate is also 1.5 times, so the employee is entitled to 3 hours.CHEATS 3. District makes errors in how they calculate “blended rate”.workers. 4. District alters time sheets after the employee has submitted it, and removes hours worked.
5. District removes the 60 minutes allotted forCommon cleaning the bus, or reduces it to 30. 6. Employee is asked to volunteer their timemistakes or for a specific task or trip because there are no funds to pay them. The employeeways the agrees, in fear of losing their job. 7. Employee is told the district can’t pay them for OT worked because the state didn’t senddistrict them funds. Too bad, so sad. The district has to pay, regardless of funding issues.CHEATS 8. The route description used as a guide for pay is outdated and shorts the driver’s pay. Theworkers. driver is entitled to be paid for the number of hours he or she works, regardless of route descriptions.
Tips• Make a copy of your time sheet after you fill it in and sign it, before you turn it in. Keep it for at least 3 years.• Use an ink pen when you complete your time sheet. Report all time worked. Time you spend getting your bus ready, warming it, etc. is work time.• Keep your paycheck stubs.• Look at your paycheck stubs and make sure the deductions and hours are correct. Compare it to the time sheet you turned in to make sure nothing was altered.• Promptly report any errors you believe were made or changes in your time that were made without your permission. Errors in your favor are just as serious as errors that short change you. You could be accused of wrong doing.• Fill out your time sheet correctly. If you are unsure about something, ask.• Employees work to be paid. Employees are not volunteers. Don’t work for free. It’s illegal!
Code of Federal Regulationshttp://www.gpoaccess.gov/cfr/ Part “778” covers calculations, recordkeeping, definition of the work week, blended rate, and more. Click on or go to http://tinyurl.com/overtimepay to review the regulations.
Legal References United States Code: 1. Fair Labor Standards Act, 29 U.S.C. §§ 201-216. 2. US Department of Labor Regulations: 29 C.F.R. Parts 511-800. South Carolina Wage Payment statute 3. South Carolina Code § 41-10-10
The Rights of School Support Employees
At-WillEmployers have the right to discharge employees forany reason or no reason, be it good or bad.The "at-will" category encompasses employees whoare not protected by employment contracts."Good Cause" or “Just Cause” requirements aretypically a part of collective bargaining agreementsnegotiated by employee unions; nonunion workersrarely have this form of protection.
The board authorizes the superintendent todiscipline, suspend or dismiss support staff asrequired, and, absent extenuatingcircumstances, to inform the board of suchactions for informational purposes only withoutelaborating on the circumstances surroundingthe matter. In addition, principals should beactively involved in this process for their school.
Life Liberty and the Pursuit of HappinessTermination results in:• the placement of information in the personnel file,• loss of employment,• substantial interference in “liberty”• (due to the Freedom of Information Act) potential public ridiculeOur Supreme Court has held that, at a minimum, dueprocess requires:• Notice• opportunity to be heard in a meaningful way• Judicial review. The right to a hearing is not dependent upon a contract or any other form of “tenure”.
Handling Conflict and Mistreatment
SC Culturehow we are influenced affects how we react to mistreatment • Conservative vs. liberal views • Southern “Nice” • It’s my cross to bear. • I don’t want to make waves. • Influence of parents or friends • At-Will, plantation mentality creates a submissive culture • I just need to pray about it.
Personal Empowerment• Know your “rights”• Understand your opponent• Know Board policies and understand protocols• Do your job and do it well• Learn how to play in the sandbox• If you have self-esteem issues, “get over it”• Learn good communication skills. Sometimes, it’s not what you say but how you say it.• Learn good conflict resolution skills• Make sure you are a member of The SCEA
"No one can make you feel inferior without your consent.” ~ Eleanor Roosevelt First Lady of the United States from 1933 to 1945