4351
BP
Board Policy
Employee Compensation
(Personnel otherwise not covered under BP 4151 & 4251)
In order to recruit and retain employees committed to the district's goals for student learning, the Governing Board recognizes the importance of offering a competitive compensation package that includes salaries and health and welfare benefits.
The Governing Board shall adopt separate salary schedules for certificated, classified, and supervisory and administrative personnel that comply with law and applicable collective bargaining agreements. (Education Code 45022, 45160, 45162, 45268)
Each certificated employee, except an employee in an administrative or supervisory position, shall be classified on the salary schedule on the basis of uniform allowance for education level and years of experience, unless the Governing Board and employee organization negotiate and mutually agree to a salary schedule based on different criteria. Certificated employees shall not be placed in different classifications on the schedule, nor paid different salaries, solely on the basis of the grade levels at which they teach. (Education Code 45028)
Salary schedules for staff who are not a part of a bargaining unit shall be determined by the Governing Board at the recommendation of the Superintendent or designee.
The salary schedules adopted by the Governing Board shall be printed and made available for review at the district office. (Education Code 45023)
Additionally, by January 31, 2026, and annually thereafter, the Superintendent or designee shall complete the Salary and Benefit Schedule for Bargaining Units (Form J-90) for classified and certificated staff assigned to a district school site and report the Form J-90 to the California Department of Education. (Education Code 42238.016)
Unless otherwise provided for in any applicable collective bargaining agreement, district employees shall be paid eleven or twelve monthly payments over the year, depending on the work calendar of the classification. However, if the district participates in the Classified School Employee Summer Assistance Program, eligible classified employees may elect to have up to 10 percent of the employee's monthly salary withheld and paid out during the summer recess in either one or two payments. (Education Code 45038, 45039, 45048, 45165, 45500)
The Superintendent or designee shall post a notice explaining the Fair Labor Standards Act's wage and hour provisions in a conspicuous place at each work site. (29 CFR 516.4)
Overtime Compensation
District employees shall be paid an overtime rate of not less than one and one-half times their regular rate of pay for any hours worked in excess of eight hours in one day and/or 40 hours in one work week. However, teachers, school administrators, and other employees in positions established by the Governing Board as executive, administrative, or professional shall be exempt from overtime rules. (Education Code 45128, 45130; 29 USC 213; 29 CFR 541.204, 541.303, 541.600 , 553.27, 553.32)
If the district requires a classified employee in an exempt position to work on a holiday designated in law or by the Governing Board, the employee shall be paid the regular pay for that day plus compensation or compensatory time off at a rate not less than the employee's normal rate of pay. (Education Code 45130)
When authorized in a collective bargaining agreement or other agreement between the district and employees, an employee may take compensatory time off in lieu of overtime compensation, provided the employee has not accrued compensatory time in excess of the limits specified in 29 USC 207. An employee who has requested the use of compensatory time shall be allowed to use such time within 12 calendar months following the month the overtime was worked if the use of the compensatory time does not unduly disrupt district operations. (Education Code 45129; 29 USC 207; 29 CFR 553.20-553.25)
For each nonexempt employee, the Superintendent or designee shall maintain records on the employee's wages, hours, and other information specified in 29 CFR 516.5-516.6.
Wage Overpayment
If the district determines an employee has been overpaid, the district shall notify the employee in writing of the overpayment, afford the employee an opportunity to respond before commencing any recoupment actions, and inform the employee of the employee's rights to dispute the existence or amount of the claimed overpayment. If the employee agrees there was an overpayment in the claimed amount, reimbursement shall be made to the district through one of the methods described in Education Code 44042.5, as mutually agreed upon by the employee and the district. (Education Code 44042.5)
If a mutual agreement on a method of reimbursement is not reached, within 30 days of the employee verifying the overpayment amount, the district shall recoup the overpayment through payroll deductions in accordance with Education Code 44042.5.
If the employee does not respond or disputes the existence or amount of the district's claimed overpayment, the district may only recover the overpayment after pursuing appropriate legal action. (Education Code 44042.5)
If the employee separates from the district before the overpayment is fully repaid, the district shall withhold the remaining balance due from any money owed to the employee upon separation, provided that the state minimum wage is still paid to the employee as required by Education Code 44042.5. The Superintendent or designee may consult with legal counsel to calculate the amount to withhold.
If an outstanding overpayment balance still remains, the district may exercise any legal means to recover the remaining amount owed by the employee. (Education Code 44042.5)
Legal action to recover any overpayment under this policy shall be initiated within three years from the date of the overpayment, which for leave credits is the date that the employee receives compensation in exchange for leave erroneously credited to the employee. (Education Code 44042.5)
Legal & Management References
State
8 CCR 11040 - Wages and hours; definitions of administrative, executive, and professional employees
Ed. Code 42238.016 - Salary and Benefit Schedule for the Bargaining Units (Form J–90
Ed. Code 44042.5 - Wage overpayment
Ed. Code 45022-45061.5 - Salaries for certificated employees
Ed. Code 45023 - Availability of salary schedule
Ed. Code 45028 - Salary schedule and exceptions
Ed. Code 45127-45133.5 - Classified employees; work week; overtime provisions
Ed. Code 45160-45169 - Salaries for classified employees
Ed. Code 45268 - Salary schedule for classified service in merit system districts
Ed. Code 45500 - Classified School Employee Summer Assistance Program
Gov. Code 3540-3549.3 - Meeting and negotiating
Gov. Code 3543.2 - Scope of representation
Gov. Code 3543.7 - Duty to meet and negotiate in good faith
Lab. Code 226 - Employee access to payroll records
Lab. Code 232 - Disclosure of wages
Lab. Code 510 - Overtime Compensation
Federal
26 CFR 1.409A-1 - Definitions and covered plans
26 USC 409A - Deferred compensation plans
29 CFR 516.4 - Notice of minimum wage and overtime provisions
29 CFR 516.5-516.6 - Records
29 CFR 541.0-541.710 - Exemptions for executive, administrative, and professional employees
29 CFR 553.1-553.51 - Fair Labor Standards Act; applicability to public agencies
29 USC 201-219 - Fair Labor Standards Act
29 USC 203 - Definitions
29 USC 207 - Fair Labor Standards Act
29 USC 213 - Exemptions from minimum wage and overtime requirements
Management Resources
Court Decision - Johnson v. Arvin-Edison Water Storage District (2009) 174 Cal.App.4th 729
Court Decision - Flores v. City of San Gabriel (9th Cir., 2016) 824 F.3d 890
Website - CSBA District and County Office of Education Legal Services
Website - U.S. Department of Labor, Wage and Hour Division
Website - Internal Revenue Service
Website - School Services of California, Inc.
Website - California Department of Education
Website - CSBA
Cross References
3100 AR Budget
3580 AR District Records
4000 BP Concepts And Roles
4030 AR Nondiscrimination In Employment
4112.6 AR Personnel Files
4121 AR Temporary/Substitute Personnel
4140 BP Bargaining Units
4154 BP Health And Welfare Benefits
4254 BP Health And Welfare Benefits
4312.1 BP Contracts
4354 BP Health And Welfare Benefits
6115 AR Ceremonies And Observances