Print

Print


Robert - I hadn't considered that angle before.  We are facing the same issue ourselves, so based on your remarks I did some reading and came across this:

https://www.dol.gov/whd/opinion/FLSA/2006/2006_03_10_07_FLSA.htm
"any employer policy that requires deductions from the salaries of its exempt employees to pay for the cost of lost or damaged tools or equipment issued to them would violate the salary basis requirement ... .  It would not matter whether an employer implements such a policy by making periodic deductions from employee salaries, or by requiring employees to make out-of-pocket reimbursements from compensation already received.  Either approach would result in employees not receiving their predetermined salaries when due on a “guaranteed” basis or “free and clear” ... .

"... With respect to nonexempt employees, an employer may not lawfully require an employee to pay for an expense of the employer’s business if doing so reduces the employee’s pay below any statutorily-required minimum wage or overtime premium that is due, because employers must pay all statutorily-required minimum wage and overtime premium finally and unconditionally, or “free and clear.”  29 C.F.R. § 531.35 ... .    For example, “tools of the trade” and other materials or equipment incidental to carrying on the employer’s business are considered business expenses of the employer that may not be transferred to employees if doing so cuts into their statutory minimum wage or overtime premium pay entitlements."

This article goes on to explain that you can charge for equipment that was lost or damaged due to willful acts or gross negligence - but good luck trying to prove that.  http://smallbusiness.chron.com/can-charge-employee-breaking-something-18847.html

Interesting stuff!
--Melissa

On Mon, Nov 21, 2016 at 10:37 AM, Robert Wickberg <[log in to unmask]> wrote:
If the school is telling the teacher they have to use the device in order to perform their duties, like if you want them to take attendance on line, or check their email daily, or something like that,so you issue them a laptop, then I believe it would be a violation of their collective bargaining agreement, and maybe even federal labor law, to try to hold them accountable for damage to it. As their employer, the risk is yours. If they want to borrow equipment to do something extracurricular, like borrow a projector to show slides of their vacation to their Rotary club or something, then you probably could make them sign an agreement to be responsible for loss, damage, etc, as a condition of lending it to them. 

On Mon, Nov 21, 2016 at 8:27 AM, Edith Fogarty <[log in to unmask]> wrote:
I am looking for examples of forms that staff sign indicating some responsibility for the school-issued devices that they receive.  Specifically, accepting at least partial responsibility for damage.  Thanks!


Edith Fogarty
Technology Integration Facilitator
Bradford Elementary School
143 Fairground Rd
Bradford, VT 05033
802.222.4077 x281
802.222.5196 fax


CONFIDENTIALITY NOTE: The information transmitted, including attachments, is intended only for the person(s) or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and destroy any copies of this information.

-----------------------------------------------------------------------

Search the SCHOOL-IT Archive

Manage your Subscription to SCHOOL-IT




--
Bob Wickberg
Technology Coordinator
Brattleboro Union High School District # 6
(802)451-3418

-----------------------------------------------------------------------

Search the SCHOOL-IT Archive

Manage your Subscription to SCHOOL-IT




--
=============================
Melissa Hayden-Raley
Technology Supervisor
Milton Town School District

CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is
for the sole use of the intended recipient(s) and may contain confidential
and privileged information. Any unauthorized review, use, disclosure, or
distribution is prohibited. If you are not the intended recipient, please
contact the sender by reply e-mail and destroy/delete all copies of the
original message.

-----------------------------------------------------------------------

Search the SCHOOL-IT Archive

Manage your Subscription to SCHOOL-IT