Know Your Contract
ESP- Over Time and Pay/Comp Time
I was recently asked to work two hours beyond my 40 hours for two hours of “comp time.” What can I do?
The ESP contract provides:
19-2 Classified Work Week
For purposes of definition, each workweek begins at 12:01 a.m. each Monday. The workweek for employees who regularly work eight (8) hours per day will be forty (40) hours.
All ESP employees shall be paid overtime at the rate of one and one-half times the employee’s regular rate of pay only for hours over 40 actual hours worked in a workweek.
Paid bereavement leave shall be counted as hours worked for purposes of calculating overtime. An employee may, prior to working hours over 40, request an exception whereby paid leave (other than bereavement leave) would count toward actual hours worked for calculation of overtime, but such exception must be approved in advance of the time worked by the Division Executive Director and Assistant Superintendent.
All work beyond 40 hours a week must be paid to you at the rate of time and one half. Therefore, if you have to work two extra hours you are entitled to get paid for 3 hours of pay.
It is not legal under the Fair Labor Standards Act, or the contract, for the district to condition work on being paid on the basis of comp time. If they want you to work, they must pay you and pay you at the time and one half rate. However, you do have the option of requesting that instead of being paid at the time and one half rate, you would prefer to get the time and one half rate as comp time off. To do so, merely let your supervisor know that you want to exercise this option so that the district can decide to honor your choice. Either way, your two hours of extra work entitles you to time and one half in pay or comp time.
As with many other rights you have under the contract, the district is not obligated to inform you of your rights. It is up to you to Know Your Contract.
Your supervisor is not required to tell you what your rights are.
It is up to you to
Know Your Contract!
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