Classified Personnel Overtime Pay
The DeKalb County Board of Education authorizes overtime in accordance with administrative regulations set forth by the Superintendent. Overtime is defined as time worked over forty (40) paid hours in any payroll week, Sunday through Saturday, and is identified as either emergency or planned overtime. The forty (40) hours are defined as actual hours worked and do not include hours or days for which the employee was paid for leave time such as sick leave, personal leave, annual leave, etc. No overtime work will be performed without prior approval of the Superintendent or his/her designee. The Superintendent will allow overtime pay or compensatory time only in situations where it is evident that additional time is needed for the smooth and efficient operation of the school system. Any such overtime hours will be compensated at the rate of one and one-half times the employee's regular hourly rate or compensatory time at the rate of one and one-half times beyond the forty (40) hour work week when based upon prior written agreement between supervisor and employee.
Employees employed in an executive, administrative, professional capacity (including teachers/school administrative personnel), or management positions meeting exempt criteria as provided for under FLSA (Fair Labor Standards Act) are considered "exempt" under FLSA and are legally not entitled to pay for overtime work. Most other employees are considered "non-exempt" under FLSA and are legally entitled to pay for overtime work, earned compensatory time, or other salary increments, as provided by law. However, the acceptance of a second job with the school system is prohibited if the maximum work time is more than forty (40) hours for both positions inclusive unless any supplements provided equates to time and one-half pay for time required in excess of forty (40) hours during the seven day work week.
Legal References
- O.C.G.A. 34-04-0001 — Georgia Minimum Wage law - short title (Lexis)
- O.C.G.A. 34-04-0003 — Minimum wage amount (Lexis)
- O.C.G.A. 34-04-0003.1 — Wages and employment benefits by local government entities (Lexis)
- O.C.G.A. 34-04-0005 — Employer's records of hours worked by and wages paid to employees (Lexis)
- O.C.G.A. 34-04-0006 — Action to recover difference where employee paid less than minimum wage (Lexis)
- O.C.G.A. 45-01-0007 — Paid break time and private location for expression of breast milk (Lexis)
- 29 CFR Part 778 — FLSA Regulations - Overtime Compensation
- 29 USC 206 — Minimum wage
- 29 USC 207 — Maximum hours
- 29 USC 207(r) — Reasonable break time for nursing mothers
- 29 USC 213 — Fair Labor Standards - Exemptions