New Rules for Overtime Pay
October 23, 2019
In September, the Labor Department announced the expansion of overtime pay for up to 1.3 million workers. As a result of this change, most salaried workers who earn less than about $35,500 per year will be eligible for time-and-a-half overtime pay when they work more than 40 hours a week. The current starting point for overtime pay is about $23,700. Overtime thresholds have not been updated since 2004.
Under the new rule, salaried workers who make more than the legal limit may also be eligible for overtime pay if they lack substantial decision-making authority. Lacking substantial decision-making authority means they are not executives, administrators or professionals. Your Compensation Department should provide specific details on how the rule is interpreted and how district employees are impacted.
In the past, Texas courts have opposed federal regulations that would raise overtime pay. Texas joined a coalition of states in opposing the pay increase. Barring a successful last minute challenge from a state court, the new rule should take effect on January 1, 2020.
Changing Landscape for Employee Relations and Privileges
October 23, 2019
In September the Board of Trustees voted to amend provisions in DGB (LOCAL) EMPLOYEE RIGHTS AND PRIVILEGES. This policy spells out who represents employees in negotiations and discussions on workplace conditions. The amendments change the procedures and requirements regarding employee representation by organizations like the Houston Federation of Teachers (HFT), the Congress of Houston Teachers (CHT), People’s Choice and Houston Educational Support Personnel Blue Collar Union (HSEP). This policy change does not impact administrative consultation (HASA, AHSA, or HAABSE).
The policy changes mean an employee organization is eligible to be the elected representative of a category of employees on a consultation committee if its members consist of the appropriate employee classifications and it has won an election to become the elected representative of a particular employee group. An appropriate employee organization has the obligation and responsibility to fairly represent the interests of all employees at consultation. Employee groups include Instructional, Teacher Aides, Para-Professional and Classified Non-Supervisory Personnel, Educational Office Personnel (Clerical and Secretarial), Construction and Facilities Services, Food Service Personnel, Warehouse, Textbook, and Print Shop Personnel, Service (Financial, Technical, and Administrative Support Staff) and Transportation Personnel.
An appropriate employee organization shall be elected by a majority vote of appropriate employees casting ballots in an election. The district shall set up and implement an election process by October 31. By December 1, independent auditors shall tally ballots, certify election results and inform the Superintendent and Board of Trustee. The employee organization that is elected shall remain the elected representative of an employee category until such time as a different employee organization petitions the Superintendent with a sufficient showing of membership and defeats the incumbent elected representative in an election run in accordance with this new policy.
