Lincoln Public Schools complies with the Fair Labor Standards Act (FLSA) to determine eligibility for overtime. Human Resources classifies all employees as either exempt or non-exempt based upon the job description.
Non-exempt employees must receive prior approval from their supervisor to work additional hours beyond their regular work schedule. Non-exempt employees must be paid for each hour worked in excess of 40 hours in a workweek. The regular workweek is from 12:00 a.m. on Monday through 11:59 p.m. on Sunday.
Overtime pay for non-exempt employees will be paid at the rate of not less than 1½ times the employee’s regular rate of pay for all hours worked in excess of the maximum workweek. Employees with two or more non-exempt positions may be eligible for overtime pay based upon the total number of hours worked in one workweek. Human Resources will determine if overtime pay is applicable. If applicable, the employee and a Human Resources representative will agree upon the overtime rate, in compliance with FLSA regulations.
The employee may request compensatory time in lieu of overtime pay, with approval of the employer, with the rate figured as 1½ times the number of hours worked in excess of 40 hours in any work week. Compensatory time may be accumulated up to 40 hours upon approval by their supervisor. Any accumulation of compensatory time over 40 hours must be approved by Human Resources. FLSA limits the accumulation of compensatory time to 240 hours.
Exempt employees are not eligible for overtime or compensatory time according to the FLSA.
The District’s policy is to not permit improper deductions from the salary of exempt employees due to absences from work. An employee who feels an improper deduction affecting exemption status has occurred may submit a complaint to the Associate Superintendent for Human Resources or designee, who shall promptly investigate the complaint. Reimbursement shall be made and a good faith commitment to comply in the future will be given in the event it is determined that an improper deduction affecting overtime exemption has been made.
The District’s policy is to authorize unpaid disciplinary suspensions of a full day or more for infractions of workplace conduct rules and to apply such policy uniformly to all similarly situated employees, including all exempt employees. Unpaid disciplinary suspensions of a partial day or of a full day or more may be implemented for infractions of safety rules of major significance. Deductions of pay of a partial day or of a full day or more may be made for Family Medical Leave Act (FMLA) leaves and in the first and last weeks of employment.
In addition, based on principles of public accountancy, deductions from pay of a partial day or of a full day or more will be made for absences for illness, injury or personal reasons when accrued leave is not used or not available and for absences due to any budget-required furlough.