5:35 - Compliance with the Fair Labor Standards Act

Policy 5:35


Compliance with the Fair Labor Standards Act

Job Classifications

The Superintendent will ensure that all job positions are identified as either “exempt” or “non-exempt” according to state law and the Fair Labor Standards Act (FLSA) definitions. “Exempt” and “non-exempt” employee categories may include certificated and non-certificated job positions. All non-exempt employees, whether paid on a salary or hourly basis, are covered by minimum wage and overtime provisions.

Workweek and Compensation

The workweek for District employees for the purposes of overtime will be 12:01 a.m. Monday until 12:00 midnight on Sunday.


Non-exempt employees will be compensated for all hours worked in a workweek including overtime. For non-exempt employees, overtime shall be defined as work performed beyond 40 hours in a work week, with the exceptions governed by the employment contract.

A non-exempt employee shall not work overtime without his or her supervisor’s express approval. All supervisors of non-exempt employees shall: (1) monitor overtime use on a weekly basis and report such use to the business office, (2) seek the Superintendent or designee’s written pre-approval for any long term or repeated use of overtime that can be reasonably anticipated, (3) ensure that overtime provisions of this policy and the FLSA are followed, and (4) ensure that employees are compensated for any overtime worked. The business office will review work records of employees on a regular basis, make an assessment of overtime use, and provide the assessment to the Superintendent.

Suspension Without Pay

No exempt employee shall have his or her salary reduced, such as by an unpaid suspension, if the deduction would cause a loss of the exempt status. Employees may be suspended without pay in accordance with Board Policy 5:245, Employee Suspension.


The Superintendent or designee shall implement the policy in accordance with the FLSA, including its required notices to employees. In the event of a conflict between the policy and state or federal law, the latter shall control.

Adopted: February 23, 2015

Revised: September 23, 2019

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