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eet~~e+~ttet j~i+He•e€€-a~-art-l{et+t-fe+--!teat-e.~eltttrt~ £~e~tt~4+tta-tf-e-C-eat}ty-A4fltt~e~-Rtt~l-eleetecl-c3f#-~eiftl~-RAny employee -is-exempt from the FLSA minimum wage and overtime compensation requirements may be granted compensatory time at the discretion of the department head. Compensata-y time for such employees shall not exceed an hour-far-hour exchange for all hours worked over 40 in a normal work week, or in the- case of law enforcement personnel--1-x-1- 86 hours in a ~S l4 day work period. Such compensatory time will be limited to a maxinnun cumulative total of 80 hours. Those employees having less than the 80 hour total may continue to be granted compensatory time tt}~-to the 80 hom• limit. Those with 80 hours cannot be granted additional hours until their totals are reduced below the limit by usage. Time sheets should reflect the hours actually worked, but the compensatory time section should Ue used following the 80 hour limitation. Accrued compensatory time for such employees shall be forfeited at the employee's termination of employment. This policy is not intended to establish a 40 hour work week for exempt personnel. Section ~8. Sneciol Provisions Fluchrating Hours -Emergency Medical Services (EMS) An employee whose hours of work fluctuate from week to week may be paid a fixed salary with the understanding that the filed amount received as straight time pay is compensation for all hours worked, whatever their number and whether few or many. The employee's regular rate is determined each week by dividing the fixed salary by the number of hours worked in that week. The regular rate cannot be less than the minimum wage. Because the employee has been paid straight time compensation for all hours worked, heE or she will receive additional overtime compensation for all overtime hours worked over 40 at a rate of at least one-half the regular rate. The ~L,SA requires an employee understand when the tiled salary for a fluctuating workweek method of payment for work is used. "fhe Memorandum of Understanding -EMS Nonexempt Employee in Section 12 of this Appendix complies with the requirement and is required as a condition ofemployment. Law Enforcement Section 7(K) of FLSA provides special work periods and overtime thresholds for publicly employed law enforcement personnel, if the local governmental writ establishes au acceptable work period and notes in its records the starting tithe and length of the period for each employee. An individual is considered to be an employee of law enforcement activities if heE or she: (a) !s a uniformed or plain clothed member of a body of officers empowered by statute or local ordinance to enforce laws, (b) Has the power of arrest, and (c) Is presently undergoing, has undergone or will undergo on-the job training or insh•uction. Law enforcement personnel also includes, by express reference, security personnel in correctional institutions. A correctional institution is any government facility maintained as part of n penal system for the incarceration or detention of persons suspected or convicted of having breached the peace or committed some other crime. A+t-e+tt}~leyet-eleet+ng-tease Pursuant to the 7(K) ekemption, the County may establish a work period of anywhere from ~-seven to 28 consecutive days, instead of the ~scven day workweek. The ntaxinuun work hours standard for Cabarrus County law enforcement employees is -1~-}• 8(i hours for a work period of ~S 14 consecutive days. Once the beginning time of an employee's work period is established, it remains fixed regardless of how many hours are worked within that period. The work period may be changed provided that 70 Attachment number 4 F-5 Page 198 of 362