Cut Bank School District
Compensatory Time and Overtime for Classified Employees
Non-exempt classified employees who work more than forty (40) hours in a given workweek may receive overtime pay of one and one-half (1½) times the normal hourly rate, unless the District and the employee agree to the provision of compensation time at a rate of one and one-half (1½) times all hours worked in excess of forty (40) hours in any workweek. The Superintendent must approve any overtime work of a classified employee.
Under Montana law and the Federal Fair Labor Standards Act, a classified employee may not volunteer to work without pay in an assignment similar to the employee’s regular work.
A non-exempt employee who works overtime without authorization may be subject to disciplinary action.
Classified Employees working two or more jobs for the District at different rates of pay shall be paid overtime at a weighted average of the differing wages. This shall be determined by dividing the total regular remuneration for all hours worked by the number of hours worked in that week to arrive at the weighted average. One half that rate is then multiplied times the number of hours worked over 40 to arrive at the overtime compensation due.
Example: Employee works one job at 30 hrs./week at 10.00/hr. The same employee works a different job at 20 hrs./week at $12.00/hr. (Same district). The employee would get $300.00 per week for the 30 hr/week job ($10.00X30) and $240.00 per week for the 20 hr./week job ($12.00X20). A total of $540.00 (regular remuneration). Divide $540.00 by 50(total hours worked) = $10.8/hr (weighted average). One-half that rate ($10.80/2 = $5.40) is multiplied by 10 (number of hours over 40). $54.00 is the amount of overtime compensation due the employee based on the “blended time”.
NOTE: Please be advised that comp time is not required. If a district adopts a comp time policy, there are basically two (2) types of employees: 1) Those who are covered before the policy was adopted need to be treated on a case-by-case basis, and the agreement to allow comp time must be entered into before the work is performed. 2) Those hired after the policy is in place – the Department of Labor has determined that the employee agreed to the policy. Some experts have said comp time is a credit card, not a savings account. The employee has broad latitude to decide when the time will be taken.
Legal Reference: 29 U.S.C § 201, et seq. Fair Labor Standards Act
Title 39, Chapter 3, Part 4 Minimum Wage and Overtime Compensation
Admin. R. Mont. 24.16.2501—2581 Overtime Compensation
Adopted on: March 10, 2015
Reviewed on: February 10, 2015