5.6.1 Staff Categories, Employee Classification, and Wage RulesThe staff includes all men and women religious,
priests, lay employees, and certain volunteers serving through
performance of specific job duties. For matters of compensation, lay
staff members are categorized as "employees." Clergy and religious are
compensated under arrangements described in Religious Staff, Clergy – Priests, and Clergy – Deacons. Wages,
hours, and working conditions are governed by state and federal laws.
Laws governing overtime pay establish two classification of employee:
exempt and non-exempt. The Human Resources Department evaluates job
descriptions to determine the correct classification as exempt or
non-exempt. Job descriptions for new or revised positions must be submitted to the Human Resources Department for evaluation and classification prior to posting or revision. Once
an employee has been classified as exempt or non-exempt, the person in
charge is required to provide that information to the payroll service
for the location, along with information about other elements of the
employee's compensation, such as authorized deductions, vacations, and
sick day accruals. Changes to an employee's classification,
compensation, or deductions must also be reported to the payroll
service.126.96.36.199 Exempt EmployeesExempt
employees are not subject to federal or state overtime payment laws.
Exempt employees typically occupy professional, managerial, or
administrative positions and are not legally required to be paid for
overtime work. Their exempt status is based on their duties and
responsibilities and their compensation in accordance with federal and state laws. An
exempt employee is paid a fixed salary for any week in which the
employee performs work, regardless of the number of hours or days
worked, unless the employee misses a whole day of work during a workweek
for personal reasons not associated with sickness or accident and
performs no work for the entire day. The nature of the job will
sometimes require more than 40 hours of work a week. All exempt
employees must meet all of the following requirements:
a fixed monthly salary equivalent to no less than two times the state
minimum wage for full-time employment for 40 hours per week
Customarily and regularly exercise discretion and independent judgment on the job
"primarily engaged" in performing the exempt duties of the job (i.e.,
devote more than half of the work time to those duties)
Exempt Salary DeductionsExempt
employees receive their predetermined salary for any week in which they
perform work, regardless of the number of days or hours worked or the
quality and quantity of the work. Moreover, deductions may not be made
from the employee's regular compensation for absences caused by the
employer where the employee is ready, willing, and able to work.
Deductions from an exempt employee's salary may be made only in the following circumstances:
The employee does not work at all for a full workweek, regardless of the reason.
employee is absent from work for a day or more for personal reasons
(other than sickness or disability—see the next bullet point) and does
no work at all that day.
The employee is absent because of
sickness or disability and the employer has a bona fide sick pay plan in
place that pays the full amount of the salary. In this case, the time
absent may be paid out of (deducted, in other words) the accrued sick
leave or if the employee has exhausted his or her accrued sick leave,
any accrued vacation time may be used, provided that is part of the
employer's sick/vacation policy. Exempt employees who are absent because
of illness or disability and who have exhausted their accrued sick or
vacation time must be paid their regular salary, unless they are absent
for a full workweek and do no work at all during that time.
Per Diem or Daily Salary CalculationThe
per diem or daily salary is used to make the appropriate salary
deductions. The method to be used is established by state law.
The predetermined monthly salary is multiplied by 12 to find the yearly salary.
using a 26 (biweekly) pay period schedule should multiply the biweekly
salary by 26 to calculate the yearly salary; locations using a 24
(bimonthly) pay period schedule should multiply the bimonthly salary by
24 to calculate the yearly salary.
The product of the multiplication is divided by 52 (the number of weeks in a year) to find the weekly salary.
usual number of days (regardless of the number of hours usually worked
in any workday) the employee is scheduled to work in a workweek is
divided into the weekly salary.Compensatory Time OffExempt
employees are not required to be paid additional amounts if they work
more than 8 hours a day or 40 hours a week, or work on a weekend or
holiday. Therefore, an exempt employee should not expect as a common
practice to be able to take time off to "compensate" for any
"additional" time worked. An exempt employee is paid a fixed amount,
regardless of hours or days worked. If circumstances allow, the person
in charge may allow an exempt employee to start work later than
scheduled, leave early, or take time off without charging the time off
work to that employee's vacation or personal time off.See the Exempt Employee Bi-Weekly Attendance Report.188.8.131.52 Non-Exempt EmployeesNon-exempt
employees include clerical, secretarial, maintenance, janitorial, and
other workers. Non-exempt work is typically work that is standardized or
involves routine mental, manual, or physical processes. In addition,
employees whose job duties could categorize them as exempt, but whose
monthly pay is less than twice the California monthly minimum wage, are
also classified as non-exempt. Non-exempt employees are entitled to
overtime pay, when applicable. Current archdiocesan policy provides that all non-exempt employees must be paid on an hourly and not on a salaried basis.
Locations that pay non-exempt employees by the task (e.g., for
coaching, singing at liturgies, or managing weddings or funerals) must consult with the Human Resources Department on the correct method of handling and recording such payment methods. OvertimeNon-exempt
employees are entitled to overtime pay for working more than 40 hours
in a workweek or 8 hours in a workday. Non-exempt employees may not
start work early or work past scheduled hours without prior written
approval of the person in charge. However, if an employee works without
approval he or she must be paid for the extra hours worked. Wages may
not be withheld because an employee did not have approval to work. In
such a case, the employee should be counseled regarding the consequences
of future violations of this policy.
Archdiocesan policy requires that overtime must be approved in writing in advance by a person in charge.
After 8 hours, up to and including 12 hours in one workday, non-exempt
employees receive overtime wages of one and a half times their regular
For all time worked over 12 hours in one workday,
non-exempt employees receive overtime wages of double their regular
Non-exempt employees receive one and a half times
their regular hourly rate for the first 8 hours worked on the
seventh consecutive day in any one workweek, and double time for any
work performed over 8 hours on any seventh day of a workweek.
or unpaid absence from work (e.g., holiday, vacation, and sick leave)
does not count for the computation of overtime hours in the workweek.
Meal and Rest PeriodsNon-exempt
employees who work more than five hours in a day are required by law to
be provided with an uninterrupted minimum meal break of 30 minutes. They
should not be permitted or asked to work during the meal break.
Non-exempt employees who work up to six hours in a day may agree to
waive their meal break. This agreement must be mutual, voluntary, and
can be withdrawn by the employee at any time. "Best practice" is to
document the meal break waiver in writing, signed by the employee. The
meal break does not have to paid, but the time taken off for the meal
break must be recorded on the employee's time card.See the Meal Break Waiver Request: Employee Shift 6 Hours or Less.California
law requires rest periods for non-exempt employees whose total daily
work time is at least three and a half hours. The mandatory rest time
should be in the middle of the work period and must be at the rate of at
least 10 consecutive minutes for each four hours of work. The rest
break is paid, but does not have to be recorded on the employee's time card.Note:
Government agencies impose significant penalties for an employer's
failure to provide and/or record the meal and rest breaks as required.Make-Up TimeMake-up
time allows non-exempt employees to take time off to attend to their
personal obligations, and then to make up that time without receiving
payment of overtime provided the following rules are met:
The employer must have approved a signed, written request for make-up time submitted by the employee before the make-up work is performed.
Make-up time must occur within the same seven-day workweek as the time taken off from work.
make-up work is performed during the workweek in which time was taken
off, the employee is not owed overtime pay for make-up time, except for
hours worked in excess of 11 in one workday or in excess of 40 in one
An employer is prohibited from encouraging or
requiring an employee to request make-up time; the archdiocese does not
have a policy that encourages or discourages the practice. See Make-Up Time Request Form for Non-Exempt Employees.184.108.40.206 Occasional EmployeesAn
occasional employee is hired on an "as-needed" or "on-call" basis. The
occasional employee is classified as non-exempt, paid hourly or per
diem, as suited to the nature of the job. Locations must keep accurate
time records of the occasional employee's work hours, pay through the
ordinary payroll service, and deduct required state and federal
withholdings from the employee's paycheck. Occasional employees are not
eligible for benefits. 220.127.116.11 Temporary EmployeesA temporary
employee is normally hired to work for a specific period to fill in for
an absent staff member, perform a specific short-term task or project,
or assist in heavy workload situations. Temporary employees are not
eligible for benefits except as required by law. If a temporary employee
is contracted through an employment agency, availability and
eligibility for benefits are determined by the agency, including those
required by law. The hire date of temporary employees subsequently hired
on a regular basis will be the date they begin continuous work as a