Louisiana Department of Education                                              Employee Policies

Special School District (SSD)                                                           Effective Date: 8/12/2013

 

Overtime

 

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Applicability

 

This policy shall apply to all employees of LSS. SSP employees will follow the Department of Education’s Overtime Policy.

 

Executive Order NO. BJ 2012-2

 

In accordance with Executive Order No. BJ 2012-2, the following employees are not eligible to earn compensatory leave:

 

 

Employees in these categories who are non-exempt under FLSA (see below), and who actually work more than 40 hours in a workweek, must be paid for the overtime worked, in accordance with FLSA.

 

Exempt employees in these categories will not be compensated for overtime, unless specifically authorized. If authorized, compensatory time may only be earned at the straight-time rate.

 

It is the policy of SSD to comply with Executive Order BJ 2012-2, and any future Executive Order governing leave in the unclassified service. If this provision is not included in a future Executive Order governing leave in the unclassified service, the Appointing Authority may determine whether these categories of employees may earn compensatory time.

 

Definitions

 

FLSA Designation – The Fair Labor Standards Act (FLSA) classifies employees into two groups, exempt and non-exempt. Some employees, including executives, administrators, and professionals, are exempt from FLSA coverage and are not entitled to compensation for overtime under the federal law.  Employees in these positions must meet salary and job duty tests to be classified as exempt from the FLSA.  Exempt employees may be compensated for overtime at a straight hourly rate; non-exempt employees must be compensated for overtime at a rate of time and one-half, when they actually work more than 40 hours in a workweek.  FLSA and Civil Service Rules provide that employees may be compensated by “compensatory leave” (K-time), which is time off, in exchange for the overtime hours worked.  Human Resources will designate positions as exempt or non-exempt based on the duties assigned to the position.

 

Hours Worked – also refers to a portion of an hour worked.

 

Overtime–

 

FLSA Overtime—any hour (or portion thereof) actually worked over 40 hours in a workweek

 

State Overtime—any hour (or portion thereof) worked in excess of the regular workday or workweek, or during a holiday or closure, when the employee does not actually work in excess of 40 hours in the workweek

 

Compensatory Leave—

 

                Leave earned by working overtime

 

Straight-time Compensatory Leave – is the same as straight compensatory leave, non-payable compensatory time, non-payable K, straight-time compensatory time, straight- time K, and hour-for-hour compensatory leave. 

 

Time and One-half Compensatory Leave – is the same as time and one-half compensatory leave, payable compensatory time, payable K, time and one-half K, FLSA compensatory leave, FLSA compensatory time, and FLSA K.

 

Policy

 

It is the policy of SSD that:

 

 

 

 

 

 

 

 

 

 

Overtime – Compensation for Hours Worked/ Limit on Accrual of Compensatory Leave

 

 

 

 

 

 

 

 

 

Overtime - Compensation for Meal Periods

 

Supervisors must ensure that nonexempt employees are completely relieved of all duties during the lunch period.  When a nonexempt employee is required or allowed to perform any duties during the meal period, that time is considered working time and is subject to overtime compensation.  For this reason, nonexempt employees must not be allowed to eat lunch at their desks.

 

Overtime - Compensation for Work at Home

 

Overtime compensation will NOT be permitted for work performed at home unless the employee is on leave due to Office Closure or Act of God and the employee is directed to work from home and the Appointing Authority approves the employee’s work from home.

 

Overtime – Recording Overtime Hours

 

               

 

 

Overtime – Payment at Separation or Transfer

 

 

Upon the transfer of an employee from one LDOE agency (personnel area), e.g., LDOE State Activities, Special School Programs, Louisiana Special Schools, and Recovery School District to another LDOE agency (personnel area), the compensatory time and one-half (1.5) balance must be paid by the losing agency.  The compensatory straight-time balance, however, shall transfer to the new LDOE agency.

 

 

 

 

 

 

 

               

Exceptions

 

When the Appointing Authority determines it in the best interest of the agency, exceptions may be made to the provisions of this policy.

 

Consequences

 

Violations of this policy will not be tolerated and may be cause for disciplinary action, up to and including termination.  Suspected violations or abuse of this policy shall be reported to the appropriate supervisor and/or the Human Resources Director or Administrator for review and further handling.

 

Any employee who fraudulently reports overtime hours earned will be subject to disciplinary action up to and including termination for payroll fraud. Violations of FLSA can result in fines and other penalties imposed by the U. S. Department of Labor.

 

Any questions regarding this policy or documentation requirements relative to overtime may be directed to Human Resources.