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District Policies

Viewing Policy: SP 4151 Employee Compensation

EMPLOYEE COMPENSATION                                                                                                            


In order to recruit and retain employees committed to the Department’s goals for student learning, the San Benito County Superintendent of Schools recognizes the importance of offering a competitive compensation package which includes salaries and health and welfare benefits.


The County Superintendent shall adopt separate salary schedules for certificated, classified, and supervisory and administrative personnel. These schedules shall comply with law and negotiated agreements and shall be printed and made available for review at the Department office.  (Education Code 45028)


Salary schedules for staff who are not a part of a bargaining unit shall be determined by the County Superintendent or designee.


The County Superintendent or designee shall ensure that the Department’s payroll system complies with all applicable laws and bargaining agreements, including, but not limited to, timelines regarding payment of compensation and deductions of dues for employee organizations.


The County 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


Non-exempt employees shall be paid an overtime rate of not less than one and one-half times his/her regular rate of pay for any hours worked in excess of eight hours in one day or 40 hours in one work week.  However, employees shall be exempt from overtime rules if they are employed as teachers or school administrators or if they qualify as being employed in an executive, administrative, or professional capacity and 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)


Legal Reference:

EDUCATION CODE: 45028 Salary schedule for certificated employees 45160-45169 Salaries for classified employees

GOVERNMENT CODE: 3540-3549  Meeting and negotiating, especially: 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

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 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 provision; 516.5-516.6 Records; 541.0-541.710 Exemption for executive, administrative, and professional employees; 553.1-553.51 Fair Labor Standards Act; applicability to public agencies

Management Resources:: NATIONAL SCHOOL BOARDS ASSOCIATION PUBLICATIONS;NEA and NSBA Joint Guidance on the Tax Consequences of Deferred Compensation – Section 409A of the Internal Revenue Code, January 2008

WEB SITES: CSBA:; Internal Revenue Service:; National School Boards Association:




Policy Approved: 2-08-19