A lawsuit filed by multiple employees of the Chama Valley Independent School District, contains wage theft allegations. The workers allege they have been working extra hours for years without receiving appropriate overtime pay.
The allegations highlight that employees were on an alternating "flex schedule" of 36- and 44-hour weeks, but were not compensated with time-and-a-half for the 44-hour weeks.
The issue came to light when the district announced a return to a standard 40-hour week, prompting an investigation by the local union. The lawsuit was filed by six plaintiffs, but represents other affected employees as well. https://www.yahoo.com/news/chama-school-workers-allege-wage-233400243.html (Oct. 19, 2024).
Commentary
Employees like flex scheduling. According to a recent survey, 89 percent of employees prefer a shorter weekly schedule. https://unity-connect.com/our-resources/news/u-s-workers-seek-shorter-workweeks-greater-flexibility-study-finds/ (Nov. 25, 2024).
The challenge for employers regarding flex scheduling arises when flex scheduling leads to more than 40 hours per week. Overtime must be paid for time worked that exceeds 40 hours per workweek.
The United States Department of Labor provides resources on flex scheduling. You can find those here: https://www.dol.gov/general/topic/workhours/flexibleschedules
Here are some best practices to consider for managing overtime:
- Review your job positions and descriptions.
- For those employees whose overtime status changes one way or the other, have conversations with them.
- Some newly-exempt employees may be uncomfortable with the change and not be pleased their overtime opportunities have ended.
- Other formerly-exempt employees may feel they have somehow loss status, their benefits may be affected, and they will need to be trained on proper time-keeping procedures.
- Make sure non-exempt employees are required to track work hours contemporaneously.
- If you want to prohibit overtime, have a written policy that requires prior written permission before working overtime.
