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