ws/fcs timekeeping rules and regulations. ws/fc schools financial services department fair labor...
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WS/FCS
TIMEKEEPING RULES
AND REGULATIONS
WS/FC Schools Financial Services Department
FAIR LABOR STANDARDS ACT (FLSA)
Exempt Employees Non-exempt Employees
WS/FC Schools Financial Services Department
Exempt Employees(exempt from timekeeping regulations)
All state-licensed staff Do NOT require time sheets or daily
timekeeping Exceptions-based reporting of absences Not entitled to overtime or comp time
WS/FC Schools Financial Services Department
Non-exempt Employees (subject to specific laws governing working hours)
Teacher Assistants Clerical staff Custodial staff Food service staff Most other classified staff
WS/FC Schools Financial Services Department
Non-exempt Employees
Entitled to overtime or comp time for hours worked beyond 40 per week
Must report all time worked DAILY Cannot work time without reporting time Cannot “volunteer” for similar duties It is Principal’s responsibility to monitor time worked
versus time reported
WS/FC Schools Financial Services Department
Non-exempt Employees
Time Worked Includes
1. All time at assigned duty station(s)
2. Lunch, if not duty-free (providing a lunch break is NOT a legal requirement)
3. Reasonable break times (providing break time is NOT a legal requirement)
4. Driving time, if other than normal daily commuting
WS/FC Schools Financial Services Department
Non-exempt Employees
Time worked does NOT include:
1. Leave days/time off
2. Holiday time off
3. Duty-free lunch, if at least 30 minutes
4. Time away from duty station, if before or after normal work hours, and if not actively engaged in work duties
WS/FC Schools Financial Services Department
Non-exempt Employees
Principal determines normal daily work schedule (starting and ending time)
Unless modified by job action, a full-time employee’s standard work hours are 40 hours per week, 8 hours per day
Principal MUST monitor employees’ starting and ending work times to assure compliance with normal daily work schedule
WS/FC Schools Financial Services Department
Non-exempt Employees
Employee routinely arriving early must NOT be at duty station or otherwise working prior to normal daily start time
Employee working before normal daily start time or beyond normal daily end time MUST have principal’s permission
All time worked MUST be captured in/on the timekeeping system/sheet DAILY
WS/FC Schools Financial Services Department
What is Overtime?
Overtime is time worked in excess of 40 hours per week
10 hours worked on Monday, 8 hours each on Tuesday-Thursday, and 6 hours on Friday yields no overtime
By law, overtime MUST be compensated at time-and-a-half, either by pay or by comp time
(Note: Comp time balances are always “straight time.”
WS/FC Schools Financial Services Department
Overtime Tips
Time on a time sheet or timekeeping system can add to more than 40 hours WITHOUT generating overtime
Leave time does not count as time worked A Holiday on Monday, followed by four, 10-hour
workdays, yields 48 regular hours and NO overtime hours
Conversely, working 8 hours on Monday, followed by four, 10-hour workdays, yields 40 regular hours plus 8 overtime hours (52 compensable hours)
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Overtime, cont’d
For pre-approved activities/events, custodians can be PAID for overtime worked
The superintendent must pre-approve for any other employee to be PAID for overtime worked
All other overtime MUST be compensated (within the school year) as compensatory time off
WS/FC Schools Financial Services Department
Overtime, cont’d
Time off granted in the same workweek prevents overtime from happening (example on slide 10) – this is a strongly recommended goal
When overtime occurs, it generates the need for comp time off at time-and-a-half (1.5 times the number of overtime hours worked)
WS/FC Schools Financial Services Department
Overtime, cont’d
Overtime work is not what is prohibited – payment for overtime work without pre-approval is what is prohibited
Principals should manage employees to prevent overtime work whenever possible
This requires a hands-on knowledge of tasks needed to be performed and staff available to perform tasks
WS/FC Schools Financial Services Department
Comp Time Off
Comp time off is to be pre-approved by the principal Comp time off should be used for all necessary
absences before approving any other source of leave time
Comp time accumulated must not exceed 240 hours at any point in time
Comp time balance should be zero at June 30 each year
WS/FC Schools Financial Services Department
Comp Time
Comp time balance does NOT show on pay stub or SARTOX system (may in the future)
Comp time balance should show on timekeeping system or timesheet
Principals MUST be aware of comp time balance and manage it in compliance with regulations
WS/FC Schools Financial Services Department
Timekeeping System
We are not ready to select an electronic timekeeping system for the district
Most are designed to pay employees for overtime, not to accurately accumulate and manage comp time balances
Employee perception/acceptance of electronic timekeeping is a concern
Other good options are available
WS/FC Schools Financial Services Department
Timekeeping System
We have developed an electronic spreadsheet timesheet
The spreadsheet timesheet electronically accumulates regular time, overtime, and comp time balances (employee must carry forward)
The spreadsheet timesheet allows all forms of eligible leave to be recorded, as well as all time worked
WS/FC Schools Financial Services Department
Timekeeping System
The spreadsheet timesheet requires access to a computer
The spreadsheet timesheet can be completed by somebody other than the employee, but must be approved/signed by the employee and the principal
The spreadsheet timesheet is easy to train and use
WS/FC Schools Financial Services Department
Timekeeping System
Spreadsheet timesheet has some limitations For ease of use and calculation purposes, start/end
and in/out times are in quarter-hour increments on a drop-down menu
If work schedules can be adjusted to quarter-hours, excellent!
If not, no big deal (next slide!)
WS/FC Schools Financial Services Department
Timekeeping System
With spreadsheet timesheet, if work starts at 7:20 and ends at 3:20, employee chooses 7:15 as start time and 3:15 as end time
If work starts at 7:25 and ends at 3:25, employee chooses 7:30 as start time and 3:30 as end time
WS/FC Schools Financial Services Department
Timekeeping System
Spreadsheet timesheet offers excellent special features
If teacher assistants are expected to attend evening PTA meetings six times per year, timesheet can be used to accumulate “negative” comp time in anticipation of expected overtime
WS/FC Schools Financial Services Department
Timekeeping System
For evening events, time spent driving to and from the school counts as time worked (since one commute has already occurred that day)
“Negative” comp time can be accumulated by adjusting the teacher assistant’s regular work schedule to 7.75 hours for a number of days prior to the evening event
WS/FC Schools Financial Services Department
Overtime – Special Issues
Express bus stop supervision time generates overtime for non-exempt employees – should be limited to the extent possible
Before/after-school care time generates overtime for non-exempt employees, and they must be paid at their overtime rate
WS/FC Schools Financial Services Department
Overtime – Special Issues
Home-school coordinators, physical and occupational therapists, and other classified employees at or above pay grade 65 are PROBABLY exempt employees and not eligible for overtime
Non-exempt employees should not coach or be club sponsors – if they are, the principal must provide information to Kerry and monitor their overtime work hours
WS/FC Schools Financial Services Department
Overtime – Special Issues
Principals should NEVER pay any employee directly from school funds, unless for eligible, approved business expense reimbursements
Booster clubs and PTAs should not be used to pay non-exempt employees in lieu of us paying the employee for overtime
On a case-by-case basis, all pre-approved by Financial Services, employees may be paid from school funds or booster club/PTA funds for contracted services
WS/FC Schools Financial Services Department
Overtime – Special Issues
Lead secretaries often cannot accomplish all duties in 40 hours per week of work
Time making bank deposit is work time In some cases, other office staff members have
“extra” time and could be used to help avoid overtime for lead secretaries
Please avoid assigning additional duties to lead secretaries whenever possible
Enforcing licensed staff members’ use of sub calling system should be helpful