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2512 George Mason Drive • P.O. Box 6038 Virginia Beach, Virginia 23456-0038   757.263.1000 • 757.263.1240 TDD

Policies and Regulations

School Board of the City of Virginia Beach
Policy 4-87


Classified Personnel: Overtime

A. Generally

The compensating of employees for overtime hours worked will be as defined by the Fair Labor Standards Act of 1938, as amended, and Title 29, Code of Federal Regulations.

B. Definitions

  1. Eligible Employees

    All classified personnel, except those holding exempt positions, are covered by this policy.
    Specifically excluded are administrative and instructional personnel.

  2. Work Period

    The work period for determining overtime compensation for eligible employees shall be a regular workweek commencing Saturday, 12 midnight, and continuing for 168 consecutive hour's (7 consecutive 24-hour periods) until 11:59 p.m. on the following Saturday.

  3. Overtime Hours

    Overtime hours for determining overtime compensation are defined as those hours actually worked for which the regular hourly rate of compensation is received which exceed forty hours during the seven-day workweek.

C. Compensatory Time Off

  1. In General

    Compensatory time off shall be granted to eligible employees at a rate of one and one-half hours for each hour of overtime employment as defined in B.3. preceding. An employee may not accrue more than sixty (60) hours of compensatory time (40 overtime hours) for overtime worked. Any employee who, after April 14, 1986, accrues sixty (60) hours of compensatory time off shall, for additional overtime hours of work in excess of sixty (60) hours, be paid overtime compensation as provided in Part D following.

  2. Termination of Employment

    An employee who accrued compensatory time off authorized to be provided under Part 1 shall, upon termination of employment, be paid for the unused compensatory time at a rate of compensation not less than:

    1. The average regular rate received by such employee during the last three (3) years of the employee's employment; or

    2. The final regular rate received by such employee—whichever is higher.

  3. Use of Compensatory Time

    An employee who has accrued compensatory time off authorized to be provided under Part 1 and who has requested the use of such compensatory time, shall be permitted by the administration to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the school division.

D. Overtime Pay

  1. Eligible employees who, after April 14, 1986, accrue 60 hours of compensatory time off shall be compensated with pay at time and one-half of the regular hourly rate of pay for all additional overtime hours worked.

  2. In determining the eligibility for overtime compensation at the time and a half rate, hours not actually worked, except as defined in section B.3 above, will be excluded.

  3. Overtime worked amounting to less than seven (7) minutes on a regular work day shall not be compensated. Overtime work amounting to eight (8) minutes or more shall be compensated to the nearest quarter hour.

  4. Overtime compensation shall not be waived by any agreement between the School Board and its eligible employees.

E. Dual Positions

Any classified employee shall devote his or her primary attention to the requirements of the full-time position. Employees shall only be employed in one School Board position with one exception: if the employee's work hours are less than forty in a seven-day period, that employee will be permitted to work at a part-time position or duty for any additional hours until the total hours of both positions reach forty hours. The assignment of a second position or duty with the school system shall be prohibited if the maximum is more than forty hours for both positions inclusive.

F. Voluntary Services

The volunteering of services by the employee as a "nonpaid" volunteer to perform the same type of work that is performed as a "paid" employee shall be prohibited. The determination of whether the two types of work are the same shall be made by the Superintendent or a designee. It shall be the employee's responsibility to notify his or her supervisor prior to volunteering his or her services for any School Board activity.

G. Administration

The authorization and control of all overtime work is the direct responsibility of the administrative staff. Overtime assignments shall be permitted only when required by operational necessity and without which the normal operation of the department or school cannot continue. Administrators must ensure that employees do not perform unauthorized overtime work. Employees shall not voluntarily work additional hours without prior approval of their supervisor. Failure to obtain such prior approval of additional work may result in disciplinary action.

  1. Approval of Overtime

  2. All overtime shall be approved in advance by either the Superintendent or a designee at the request of the building principal or department head. In cases of emergency, the supervisor in charge shall have authority to assign the overtime to relieve the emergency. In these instances, the emergency and the resulting overtime-shall be reported to the central office as soon as possible, but no later than the next working day.

  3. Reporting Overtime

    Appropriate overtime records will be maintained and periodic reports submitted to the School Board.

Legal Reference:

The Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201, et seq.

Adopted by School Board: March 18, 1986
Amended by School Board: August 21, 1990
Amended by School Board: July 16, 1991
Amended by School Board: July 13, 1993 (Effective August 14, 1993)
Amended by School Board: June 16, 1998
Amended by School Board: June 20, 2006
Amended by School Board: September 5, 2007