We have all probably heard about the upcoming changes with regard to the Fair Labor Standards Act and the threshold for paying overtime, yet here is a refresher and some of the specific areas we will need to be aware of at our district. Currently an employee who makes greater than $455.00 a week may meet a status referred to as exempt from being paid time and a half for hours greater than 40 in a work week. This threshold is being raised to $913.00 effective December 01, 2016. In addition, our job descriptions need to be reviewed and/or revised. Several areas that will be tested could be -does this employee have influence on hiring and firing decisions? Do they supervise at least two employees? Their jobs need to support that they are managers in responsibility, not just title.
There is a specific exemption for teachers as defined by FSLA below.
“Teachers are exempt if their primary duty is teaching, tutoring, instructing or lecturing in the activity of imparting knowledge, and if they are employed and engaged in this activity as a teacher in an educational establishment.”
So who does that leave? Our classified employees are paid on an hourly basis, so they already receive overtime compensation, but what about our technicians, bus drivers, administrative assistants? These groups need consideration of your options: pay time and one half for hours over 40; increase salaries above threshold; do not allow overtime or a combination of the above. Remember if you choose to raise salaries (unfortunately, not always an option with tight budgets) you also need to evaluate what they do. If we provide them with a laptop, phone to respond to e-mails, approve purchases after hours, then there is an expectation that additional hours are being incurred and how are you going to track those?
Don't forget to register online for ASBO International's 2016 AM&E!
17