Employees are classified as regular full-time, regular part-time, or temporary B.A.E.S.S. employees. Regular full-time employees are eligible for participation in B.A.E.S.S. benefits programs. Jobs are classified as either exempt or non-exempt according to the Fair Labor Standards Act (FSLA).
Purpose
- To determine if an employee is eligible for benefits.
- To comply with federal, state, and local laws governing overtime pay.
- To keep current records on work schedules and benefits eligibility.
Categories of Employment
Regular full-time employees are routinely scheduled to work at least 40 hours per week throughout their employment and are eligible for benefits. Employees working fewer than 40 hours per week, but at least 30 hours, may have certain benefits pro-rated to the % of time they work in relationship to a 40 hour week. Benefits for employees working less than 40 hours a week will be offered at the discretion of management unless Federal or State law requires the benefit to be offered as in the case of the 401(k) example below.
Regular part-time employees are regularly scheduled to work fewer than 30 hours per week throughout their employment. If a regularly scheduled part-time employee works more than 1000 hours in 12 consecutive months and is otherwise eligible for the company 401(k) plan, he or she may participate in the 410(k) plan. Otherwise, regularly scheduled part- time employees are ineligible for benefits, except as mandated by law such as the California sick leave law. This category also includes employees who might work in excess of 30 hours per week on an irregular basis due to the cyclical nature of the business. (Some employees increase their hours during the summer months to meet the student demand and scheduling differences.)
Non-exempt employees are typically paid on an hourly basis and are eligible for overtime pay if they work more than 40 hours per week or more than 8 hours in any one day. There are some circumstances where a non-exempt employee will work a four-days-per-week, ten-hours-per-day schedule as an alternate to five days per week, eight hours per day schedule; no overtime will occur in these circumstances. Check with your manager to determine if or how this policy applies to you.
Exempt employees are paid for carrying out their position responsibilities regardless of the hours worked and are not eligible for overtime pay. This category includes all management staff including Executive Director, Center Director, Director of Education, Associate Director of Education, Program Manager, Lead Teacher as long as their total pay is in excess of the State and Federal minimum annual compensation and they meet all other requirements to be considered Exempt.
Temporary Agency Employees are employed by their respective agency and are in no way considered employees of B.A.E.S.S.
Employee Responsibilities
- Employees are responsible for knowing their employment classification and how it relates to their benefits, overtime eligibility, and time off.
- If a change in status occurs, employees are responsible for understanding how this change will impact their benefits, overtime eligibility, and time off.
- Employees raise their questions with their manager anytime they are unclear about their classification and/or uncertain about the application of overtime to their paychecks.
Manager Responsibilities
- Know your employees’ employment classifications and ensure compliance with overtime requirements.
- Ensure that employee work schedules conform to their employment classifications.
- Discuss any changes in employment classifications with your direct supervisor prior to implementation of the change or discussion of the change with the employee.