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MINIMUM WAGE AND OVERTIME

Employees not exempt under the Fair Labor Standards Act shall be paid minimum wage and receive compensation for overtime under the conditions specified in the Act.

29 U.S.C., Sec. 206, 207

Nothing in the Fair Labor Standards Act or its implementing regulations prohibits the School from compelling the use of accrued compensatory time.

Christensen v. Harris County, 529 US 576 (2000)

WAGE AND HOUR RECORDS

The School shall maintain and preserve payroll or other records for nonexempt employees containing the information required by the regulations under the Fair Labor Standards Act.

29 CFR 516.2

CONTRACT EMPLOYEE SALARIES

Employees of TSBVI employed by contract shall be paid in accordance with a salary structure adopted by the Superintendent with the concurrence of the Board that provides salaries equal, on a daily rate basis, to salaries paid to employees employed in comparable positions by the Austin Independent School District.

Texas Education Code 30.024(b)(1)

PLACEMENT ON SALARY SCHEDULE

The commissioner's rules determine the experience for which a teacher, counselor or a librarian, is to be given credit in placing the teacher, counselor or librarian, on the minimum salary schedule. The School shall credit the teacher, counselor, or librarian, for each year of experience, whether or not the years are consecutive.

Education Code 21.402(a), 21.403(c), 19TAC153.1022

EMPLOYEES FORMERLY ON CAREER LADDER

A teacher or librarian who received a career ladder supplement on August 31, 1993, is entitled to at least the same gross monthly salary the teacher or librarian received for the 199495 school year as long as the teacher or librarian is employed by the same district.

Gross monthly salary includes the amount the teacher or librarian received as a career ladder supplement under Section 16.057, as that section existed January 1, 1993.

Education Code 21.402(f), 21.403(d)

In addition, a teacher or librarian who was on level two or three of the career ladder is entitled, as long as he or she is employed by the same district, to:

Level Two Educators

Placement on the minimum salary schedule at the step above the step on which the teacher would otherwise be placed, if the teacher or librarian received a career ladder supplement for level two of the career ladder on August 31, 1993; or

Level Three Educators

Placement on the minimum salary schedule at the step two steps above the step on which the teacher would otherwise be placed, if the teacher or librarian received a career ladder supplement for level three of the career ladder on August 31, 1993.

Education Code 21.403(d)

PAY INCREASES

The School shall not grant any extra compensation, fee, or allowance to a public officer, agent, servant, or contractor after service has been rendered or a contract entered into and performed in whole or in part.

Tex. Const. Art. III, Sec. 53 

Salary Advances And Loans

The School shall not lend its credit or gratuitously grant public money or things of value in aid of any individual, association, or corporation.

Tex. Const. Art. III, Sec. 52; Brazoria County v. Perry, 537 S.W.2d 89 (Tex. Civ. App.-Houston [1st Dist.] 1976, no writ)

FAIR LABOR STANDARDS ACT

Minimum Wage

Unless an exemption applies, a district shall pay each of its employees not less than minimum wage.  29 U.S.C. 206(a)(1)

Unless an exemption applies, a district shall pay an employee not less than one and one-half times the employees regular rate of pay for all hours in excess of forty in any workweek.  29 U.S.C. 207(a)(1); 29 CFR part 778

Compensatory Time

Accrual

Nonexempt employees may receive, in lieu of overtime compensation, compensatory time off at a rate of not less than one and one-half hours for each hour of overtime work, pursuant to an agreement or understanding arrived at between the employer and employee before the performance of the work.  Such agreement or understanding may be informal, such as when an employee works overtime knowing that the employer rewards overtime with compensatory time.

An employee may accrue not more than 240 hours of compensatory time.  If the employees overtime work included a public safety activity, an emergency response activity, or a seasonal activity, the employee may accrue not more than 480 hours of compensatory time.  After the employee has reached these limits, the employee shall be paid overtime compensation for additional overtime work.

Payment for accrued time

Compensation paid to an employee for accrued compensatory time shall be paid at the regular rate earned by the employee at the time of payment.  An employee who has accrued compensatory time off shall be paid for any unused compensatory time upon separation from employment at the rates set forth at 29 U.S.C. 207(o)(4).

Use

An employee who has requested the use of compensatory time shall be permitted to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the School. 

The Fair Labor Standards Act does not prohibit the School from compelling the use of accrued compensatory time.

29 U.S.C. 207(o); Christensen v. Harris County, 529 U.S. 576 (2000); Houston Police Officers Union v. City of Houston, 330 F.3d 298 (5th Cir. 2003)

Exempt Employees

The minimum wage and overtime provisions do not apply to any employee employed in a bona fide executive, administrative, or professional capacity, including academic administrative personnel or teachers in elementary or secondary schools.  29 U.S.C. 213(a)(1)

Salary basis

To qualify as an exempt executive, administrative, or professional employee, the employee must be compensated on a salary basis.  Subject to the exceptions listed in the rule, an employee must receive the full salary for any week in which the employee performs any work, without regard to the number of days or hours worked.  A district that makes improper deductions from salary shall lose the exemption if the facts demonstrate that the district did not intend to pay employees on a salary basis.

Safe Harbor Policy

The School shall have a clearly communicated policy that prohibits improper pay deductions and includes a complaint mechanism, reimburses employees for any improper deductions, and makes a good faith commitment to comply in the future.  Because the School has a clearly communicate policy,  the School will not lose the deduction unless the School willfully violates the policy by continuing to make improper deductions after receiving employee complaints.

The best evidence of a clearly communicated policy is a written policy that was distributed to employees before the improper pay deductions by, for example, providing a copy of the policy to employees upon hire, publishing the policy in an employee handbook, or publishing the policy on a districts intranet.

29 CFR 541.600, .602(a), 603

Wage And Hour Records

The School shall maintain and preserve payroll or other records for nonexempt employees containing the information required by the regulations under the Fair Labor Standards Act.  29 CFR 516.2

Adopted:          3/7/80
Amended:        7/12/85, 10/25/85, 5/30/86, 1/23/87, 1/26/90, 3/22/91, 3/25/94, 11/17/95, 11/6/98, 5/31/01, 1/30/04, 4/1/05, 1/27/06, 6/4/08
Reviewed:        1/31/03