File: GBN*

Staff Overtime

It is the policy ofthe Colorado School for the Deaf and theBlind (CSDB) to fully comply with the Fair Labor Standards Act (FLSA).Employees cannot waive their rights under the FLSA.

The Superintendent, with the Human Resources office and department administrators, shall be responsible to review and determine if each position is exempt or non-exempt based on the duties performed.

Exempt employees shall not be granted extrapay or compensatory time off for hours worked in excess of 40 hours in a workweek. Overtimeis the time a non-exempt employee works in excess of the 40 hours during a standard workweek. Such excess hours are paid at one and one-half (1.5) times the employees’ regularhourly base pay rate. Employees may be compensated for overtime hours in the formofcompensatory time off as further outlined below.

Work Hours

On a daily basis, non-exempt employees shall record all timeworked on the school’s designated time sheet. Overtime does not accrue until a non-exempt employee works more than 40 hours in a standard workweek. The standard workweek is any regularly recurring period of 168 hours (seven consecutive 24-hour periods) designated astheestablished workweek for an employee. Part-time non-exempt employees shall not earn overtime until they work more than 40 hours inanestablishedworkweek.

Overtime is calculated based on the total time worked in the employee’s established workweek, rounded to the nearest quarter hour.Non-exemptemployees are not permitted to start work before their regular starting time orto continue workingafter ending time without specific advance written approval from the department administrator / immediate supervisor as outlined in this policy.

Compensatory time is not leave, but a formof compensation.Therefore, it is not included in the calculation of work hours for overtime purposes. Authorized paid time off and non-paid leave, including holidays and the use of earned compensatory time, shall not count as “hours worked” for purposes of determining whether the employee is entitled to overtime compensation.

Non-exemptemployees designated as “essential”shall have paid leave counted as work time. The designation of “essential” will appear on the employee’s Position Description Questionnaire (PDQ). To minimize overtime liability, department administrators/immediate supervisors may “flex” employee work hours within the employee’s designated workweek and/or may deny, delay or cancel the scheduling of paid leave counted as work time.

Scheduled meal periods and work breaksare at the discretion of department administrators/immediate supervisors. Scheduled meal periods are not work time and must be at least 20 minutes. However, if the employee is materially interrupted, not completely free fromduties, or not free toleave his/her duty post, the meal period is counted as work time. Workbreaks,ifgranted,of less than 20 minutes are work time. Work breaks shall not offset other work time or substitute for paid leave; they may not be taken at the beginning or end of the workday, nor may they be usedto extend a meal period. Employees are not permitted to engage in work-related activities during their breaks.

Ordinary travel fromhome to work and backis not work time. This applies regardless of whether the employee works at a fixed location or at different job sites provided that employees are not required to work before leaving for the first job site or after the lastjob site. Travel fromwork site to work site is work time.

Mandatory training or meetings are work time. Voluntary training during work hours, as approved by the department administrator / immediate supervisor,which is directly related to an employee’s current job and is designed toenhance performance of the employee’s current job, is work time.Voluntary training after hours to gain additional skill or knowledge is not work time, even if it is job-related, as long as the employee does not performany work

during the training.

Prior Approval for Overtime

For non-exempt employees, overtime must beapproved by department administrators / immediate supervisors, in advance of overtime hours worked. Overtime may be authorized for the reasons designated in CSDB’s Compensatory Time Agreement (Exhibit GBN*-E-1). Approval of overtime shall be in writing, utilizing CSDB Form 43, Request for Personnel and/or Position Action (Exhibit GBN*-E-2). Inemergency situations, verbal approval may be given, followed by written authorization.

Non-exemptemployees are not permitted to engage in overtime work unless authorized in advance by the department administrator / immediate supervisor, who is accountable to monitor employee work hours. Employees who violate this policy may be subject to corrective and/or disciplinary action, up to and including termination.

Compensatory Time

Compensatory time off will be given in lieu ofcash overtime payments, accumulated at a rate of one and one-half (1.5) hours for each hour of overtime work. All new hires shall sign an agreement to accept compensatory time in lieuof a monetary payment as a conditionof employment. Once an agreement is reached,it shall stay effective until voided by both parties. A compensatory time off agreement is not needed for non-exempt employees hired before April 15, 1986; however, all provisions of this policy shall apply to employees hired before April 15, 1986.

A non-exempt employee may accumulate up to 40 hours of overtime, equating to 60 hours of compensatory time (40 x 1.5 hours = 60 hours). Any overtime worked in excess of this amount shall be paid in cash at the next regular pay period. Unused compensatory time at termination of employment or transfer to another state agency shall be paid at that time.

Employees are encouraged to promptly useearned compensatory time and must request compensatory time off fromdepartment administrators/immediate supervisors in advance of its use. Compensatory time off maybe scheduled after the department administrator/immediate supervisor has determined that the requested use of compensatory time will not unduly disrupt the operation of the school. Department administrators/immediate supervisors may require the use of accrued compensatory time, but cannot schedule compensatory time if that will make an employee forfeit annual leave at the end of any fiscal year.

Volunteer Services

Non-exemptemployees are not allowed to volunteer, without compensation, for additional time to do the same type of work for which they are employed. An individual may qualify as a volunteer and not be considered an employee if all ofthe following criteria are met:

  • Performs hours of services for a public agency (e.g., CSDB) for civic, charitable or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered. Although a volunteercannot receive compensation, a volunteer can be paid expenses, reasonable benefits or a nominal fee to performsuch services (as per federal guidelines); and
  • Offers services freely and without pressure or coercion, direct or implied, froman employer; and
  • Is not otherwise employed by a state agency to performthe same type of services as those for which the individual proposes to volunteer; and
  • Has not received compensation to performthe same or similar services within the previous three (3) years.

Individuals who wish to volunteer their servicesshall comply with CSDB’s Volunteer

Programpolicy.

Adopted by Board of Trustees: June 27, 2006

LEGAL REF.: 29 U.S.C. 201 et seq.(FairLabor StandardsAct)

CROSS REFS.:EBCE:School ClosingsandCancellations

IJOC: Volunteer Program

Colorado School for the Deaf and the Blind, Colorado Springs, COPage 1 of 4