The district shall provide cash payment for overtime work in accordance with law. Overtime is not paid to salaried employees who serve in exempt positions.
Overtime shall be considered any time worked over an 8-hour day and a 40-hour week and shall be compensated at time-and-one-half. If for all or certain classes of classified positions the established workday is less than eight hours but seven hours or more and the established work week is less than 40 hours but 35 hours or more, all time worked in excess of the established workday and work week shall be considered overtime. (Education Code 45128)
The district shall carefully keep records related to the accrual of overtime. Employees subject to overtime payment shall complete a daily record of time worked. Falsification of time records will result in disciplinary action against the employee and may subject him/her to civil and criminal penalties.
No overtime shall be allowed except as authorized by an employee's immediate supervisor.
(cf. 1240 -Volunteer Assistance)
(cf. 4313.1 - Load/Scheduling/Hours of Employment)
Legal Reference:
EDUCATION CODE
45127 Workweek
45128 Overtime
45129 Compensatory time off
45130 Exclusion from overtime provisions
45131 Workweek; five consecutive days; overtime
45132 Four-consecutive-day workweek
LABOR CODE
204.3 Compensating time off in lieu of overtime compensation
PENAL CODE
424 Embezzlement and falsification of accounts by public officers
UNITED STATES CODE, TITLE 29
201-216 Fair Labor Standards Act
CODE OF FEDERAL REGULATIONS, TITLE 29
511-800 Department of Labor Relations
785.12 Overtime suffered or permitted
People v. Theresa Groat (1993) 19 Cal.App.4th 1228
Regulation MENIFEE UNION SCHOOL DISTRICT
approved: August 10, 1999 Menifee, California
reviewed: October 23, 2007