The Fair Labor Standards Act (FLSA) was passed by Congress in 1938 to establish a minimum wage, overtime compensation standards, record keeping requirements, child labor provisions, and other regulations that affect employers and labor. The law was enacted to meet the economic and social problems of that era. The intent of the law was to make overtime compensation expensive in order to open up more employment opportunities to the working population. In 1985, the U.S. Supreme Court mandated the application of the Act to all state and local governments. Congress delayed the effective date of the Act as it applied to state and local governments to April 15, 1986.
Westminster Public Schools & FLSAAll Educational Support Professionals (ESP) positions are covered under the FLSA; teaching positions are exempt. All ESP employees are required to clock into the time clock system. Employees and supervisors must approve all time clock entries verifying that the information contained in the system is true and accurate.ESP employees must be paid for ALL time worked, whether the work was pre-approved or not. Employees need to secure pre-approval from their supervisor for working additional hours over their normal assignment. Employees who do not get approval for additional work time must be paid for the work time but should also be subject to progressive discipline for the infraction.Unless the supervisor expressly requests and is willing to compensate employees appropriately, employees may not:
Employees who violate these guidelines must still be paid for the time they have worked whether approved or not, however, they may be disciplined for violating supervisory instructions.
- Report to and perform work prior to the start of shift
- Take lunch periods at their work station
- Stay at their workstations and perform work at the end of their work shift
- Take work home with them without prior approval
- Attend staff meetings and not be paid for their attendance