The Care and Feeding of Classified Staff

The Care and Feedingg of Classified Employees Bobby Truhe and Kelley Baker Hardingg & Shultz 402/434-3000 btruhe@hslegalfirm.com kbaker@hslegalfirm.com

Unionization of Classified Employees P McCook ESP Association v. Red Willow County School District No. No 73-0017

P Delperdang vv. United Electrical, Electrical Radio, Radio and Machine Workers of America

Employment Contracts P Should include: < < < <

E l t att will ill Employment Superintendent hires and fires Method of termination Compensation p upon p termination < Authority to withhold from wages < Compensatory Time

Unemployment P In re Osborne, 92 Neb. App. Trib. 2388 P In re Pratt, 91 Neb. App. Trib. 2139

Job Descriptions

Job Descriptions p P Required q byy ADA P Make sure they=re accurate

< You Y review i them th < Have employees review them P Distribute to: < Current employees < Applicants

Policies Regarding Classified Employees P P P P

Read them F ll them Follow th Change them Areas to consider: < Nepotism N i < Evaluations < Due process (NOOOO!)

Fair Labor Standards Act Wage and Hour Laws

WHAT, ME WORRY?

Who Wants More Moneyy

Traps p ffor the Unwaryy P Failing g to keepp required q records

P P P P P

Treating non-exempt employees as exempt Paying salaries in lieu of overtime Failing to count multiple jobs Errors in computing OT or comp. comp time Allowing off the clock l k workk

Exempt p Employees p y P Executive

P Administrative P Professional

Executive Employees p y P Duties: p primarilyy management g off the

agency, department, or division P Supervision: customarily and regularly directs 2 or more employees P Compensation: at least $455/ week

Administrative Employees P Duties: primarily

< Non-manual Non manual or office work work, < Education Administration

P Discretion: customarily exercises independent judgment P Compensation: C ti att least l t $455/week

Professional Employees P Duties: primarily work requiring i i advanced d d learning l i or work as a teacher P Discretion: consistent exercise j g off discretion or judgment P Compensation: at least $455 a week

Non-Exempt Employees P

Everyone else! < Paras < Bus drivers < Custodian < Secretaries S i < Cooks

Unless Exempt, All Employees Must: P Keep accurate track of hours worked each day and week P Be paid at least minimum wage P Be paid overtime for all hours worked over 40 in a workweek

A Workweek P P P P

Any fixed period of 168 hours 7 consecutive 24-hour periods Employer establishes it Workweek may begin at any time

The Salary Fallacy PPaying an employee a salary DOES NOT exempt the employee from minimum wage or overtime

Time Records P Use a time clock

< Mechanical < Biometric/computer

P If you use time cards

< Supervisor reviews them weekly < Supervisor signs the cards

P Don=t allow:

< A8-12, 1-5" or A8 hours@

P But mayy sign g off ff on regular g schedule

Failing to Pay for Dual Jobs Cooking Bus Drivers

Dual Jobs P Works 3 hours/day as bus driver < Paid $20 per day

P Works 6 hours/day as cook <Paid $1400 per month

P Total hours per week: 45 hours

Dual Jobs P Must calculate hourly pay

< Bus Driver: $20/day x 5 = $100 < Cook: $1400/mo. x 12 = $16,800 ) 52 = $323

P P P P

Total pay per week: $423 $$423 ) 40 = $$10.56 pper hour 5 hours per week at $15.84 Underpaid $79 $79.20 20 per week

Classified Staff as Coaches P Best advice: be careful!

P School Litigation Group P U.S. U S DEPARTMENT OF LABOR LABOR, 1995 DOHWH LEXIS 39 (July 11, 1995) P Options < Count all hours for coaching, preparing, supervising students < Lower pay and require comp. time < Voluntary Waiver and “nominal nominal fee fee”

Compensatory p y Time

Compensatory Time P Allowed if:

< 1.5 1 h hours per overtime i h hour worked k d < Employees agree to it in advance < Agreement A should h ld be b in i writing ii

P Can=t accumulate over 240 hours P Employer can require employees to take comp. p ((Christensen v. Harris County, y, 529 U.S. 576 (2000) P Can pay cash for comp. time

Allowingg Off ff The Clock Work

Suffers ff or Permits P Employees entitled to be paid if they work extra hours with employer=s: < Knowledge or < Acquiescence

P Reason ffor the work is immaterial P Employer must make sure that work not to be performed is not performed Employer may be liable if reason to believe employee is fudging records

Occasional or Sporadic p P Doesn=t count toward overtime if: f

< Infrequent, irregular, or occurring in

scattered instances < Not w/in same general work category as regular l workk < Decision to work made freely < Without coercion, implicit or explicit

Hour-Savingg Measures P Windshield time

Required q Records P P P P P P P

Name in full Home address Date of birth Sex and occupation D fi iti off workweek Definition k k Regular hourly rate of pay Hours worked each workday/workweek

Required q Records P Total daily or weekly straight time earnings P Total T t l premium i pay for f overtime ti P Total additions to or deductions from f wages each pay period P Total wages each pay period P Date of payment and pay period

Enforcement f & Remedies

Enforcement P Department of Labor enforces FLSA < Secretary of Labor can bring suit B Back wages g

B Injunction

< Cannot recover attorney fees

P 2-year statute of limitations P 3-year 3 statute t t t off limitations li it ti for f willful illf l violations

Criminal Enforcement < Department of Justice can criminally prosecute for willful violation < 1st violation: $10,000 < Subsequent violations: $10,000 and 6 months in jail

< 5 year statute of limitations

Private Enforcement f P Employees may file suit

< Back wages < Double (liquidated) damages < Attorney's fees and court costs

The Care and Feedingg of Classified Employees Bobby Truhe and Kelley Baker Hardingg & Shultz 402/434-3000 btruhe@hslegalfirm.com kbaker@hslegalfirm.com