San Francisco Unified School District and County Office of Education
Board Policy 4151
Certificated Personnel – Employee Compensation
This Board Policy applies to the San Francisco Unified School District and the County Office of Education.
This Board Policy applies to all represented certificated employees (members of United Educators of San Francisco and United Administrators of San Francisco) in the San Francisco Unified School District and the County Office of Education.
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 which includes salaries and health and welfare benefits consistent with applicable collective bargaining agreements.
(cf. 3100 – Budget)
(cf. 3400 – Management of Districts Assets/Accounts)
(cf. 4000 – Concepts and Roles)
(cf. 4154/4254/4354 – Health and Welfare Benefits)
Salary Schedules
The Board shall adopt salary schedules for certificated personnel. These schedules shall comply with law and collective bargaining agreements and shall be printed and made available for review at the district office. (Education Code 45022, 45023, 45160, 45162)
(cf. 4121 – Temporary/Substitute Personnel)
(cf. 4141/4241 – Collective Bargaining Agreement)
(cf. 4143/4243 – Negotiations/Consultation)
Each certificated employee shall be classified on the salary schedule on the basis of uniform allowance for years of training and years of experience, unless the 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)
(cf. 4030 – Nondiscrimination in Employment)
The Superintendent shall determine the frequency and schedule of salary payments, including whether payments for employees who work less than 12 months per year will be made over the course of the school year or in equal installments over the calendar year. (Education Code 45038, 45039, 45048, 45165)
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
Certificated employees, including teachers and school administrators, are exempt from state and federal overtime laws provided they are paid a fixed salary at or above the salary level established by federal regulations. (Labor Code 510; 29 USC 213; 29 CFR 541.0-541.710, 553.27, 553.32) Employees who are exempt from overtime shall not earn overtime, or compensatory time off in lieu of overtime compensation as authorized by 29 USC 207 and 29 CFR 553.20-553.25, unless otherwise allowed under the applicable collective bargaining agreement.
When authorized in a collective bargaining agreement between the district and employees, an employee may take compensatory time off in lieu of overtime compensation, provided he/she 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 a reasonable period after making the request if the use of the compensatory time does not unduly disrupt district operations. (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.
(cf. 3580 – District Records)
(cf. 4112.6/4212.6/4312.6 – Personnel Files)
Legal Reference:
EDUCATION CODE
45022-45061.5 Salaries, especially:
45023 Availability of salary schedule
45028 Salary schedule for certificated employees
45160-45169 Salaries for classified employees
45268 Salary schedule for classified service in merit system districts
GOVERNMENT CODE
3540-3549 Meeting and negotiating, especially:
3543.2 Scope of representation
3543.7 Duty to meet and negotiate in good faith
LABOR CODE
226 Employee access to payroll records
232 Disclosure of wages
510 Overtime compensation; length of work day and week; alternative schedules
UNITED STATES CODE, TITLE 26
409A Deferred compensation plans
UNITED STATES CODE, TITLE 29
201-219 Fair Labor Standards Act, especially:
203 Definitions
207 Overtime
213 Exemptions from minimum wage and overtime requirements
CODE OF FEDERAL REGULATIONS, TITLE 26
1.409A-1 Definitions and covered plans
CODE OF FEDERAL REGULATIONS, TITLE 29
516.4 Notice of minimum wage and overtime provisions
516.5-516.6 Records
541.0-541.710 Exemptions for executive, administrative, and professional employees
553.1-553.51 Fair Labor Standards Act; applicability to public agencies
COURT DECISIONS
Flores v. City of San Gabriel, 9th Cir., June 2, 2016, No. 14-56421
Management Resources:
WEB SITES
CSBA: http://www.csba.org
Internal Revenue Service: http://www.irs.gov
School Services of California, Inc.: http://www.sscal.com
U.S. Department of Labor, Wage and Hour Division: https://www.dol.gov/whd
Please note that compare references, or “cf”, refer to CSBA model policies and do not necessarily indicate that the San Francisco Unified School District has adopted the referenced policy.