Hours Worked - Denver Public Schools



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Fair Labor Standards Act (FLSA)

Hours of Work Information Sheet

Please post in all DPS buildings and departments

It is the policy of Denver Public Schools (DPS) to establish the time and duration of working hours as required by workload, production flow and applicable laws.

The following information provides an overview of basic Wage and Hour provisions of the Fair Labor Standards Act of 1938 (FLSA) for non-exempt employees.

The FLSA establishes minimum wage, overtime pay, record-keeping and child-labor standards.

The law provides that the employer "shall not permit" employees to work overtime (more than 40 hours per workweek) without payment of an overtime premium. Additionally, the employer is required to compensate non-exempt employees for all hours worked.

Our workweek has been established beginning on Monday at 12:00 a.m. and ending Sunday at midnight. Any hours worked over 40 during this established workweek will constitute overtime.

EXEMPT employees are ‘exempt’ from FLSA overtime and pay regulations.

Typical exempt DPS employees include:

Administrators, Principals, APs, Directors, Managers, Supervisors, and Teachers

NON-EXEMPT employees are subject to the minimum wage and overtime provisions of FLSA.

Typical non-exempt DPS employees include:

Secretaries, Office Support, Bookkeepers, A/P Technicians, and Payroll Technicians

Paraprofessionals, Facility Managers, Custodians and Foodservice Workers

NOTE:

Non-exempt employees are not normally assigned supervisory duties, except Facility Managers. Please contact HR if you have questions about exempt/non-exempt status.

Overtime Provision: Supervisory personnel may assign overtime to non-exempt employees. However, employees are not permitted to work overtime without the prior approval of their supervisor or department head. For the purposes of overtime compensation, only hours worked in excess of 40 during a workweek will be counted (refer to your bargaining unit agreement for any deviation from this standard).

All non-exempt employees are required to maintain individual time records of hours worked on a weekly basis.

Employees should record their starting time, time out for lunch, time in from lunch, quitting time, and total hours worked for each day. Time records should be verified and signed by the supervisor.

Employees are not permitted to begin work before their normal starting time or to continue working after their normal quitting time (this includes taking work home and working through lunch breaks) without the prior approval of their supervisor.

Employees are required to take scheduled lunch breaks.

Filling out another employee’s time record or falsifying any time record is prohibited and may be grounds for disciplinary action up to and including termination.

If a supervisor allows or permits an employee to work beyond his/her normally scheduled hours (including before work, after work or during lunch breaks), the time must be counted for compensation purposes even if the work was not requested or scheduled by the supervisor.

If after having been told to cease, an employee continues to work extra hours that have not been approved by the supervisor, it may become grounds for disciplinary action.

If you have any questions regarding this document, or other provisions of the Fair Labor Standards Act, please contact your HR Generalist.

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