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Cabarrus County, North Carolina <br />Memorandum of Understanding -Non- Exempt Employee Compensatory Time <br />This Memorandum of Understanding is entered into, by and between , <br />employee of Cabarrus County, herein referred to as Employee; and Cabarrus County, North Carolina, a <br />body politic and corporate, herein referred to as Employer; <br />Wihresseth: <br />Whereas, Employee is employed by Employer and whereas all parties to this agreement understand that <br />same is being executed so as to comply with certain provisions of the Fair Labor Standards Act of 1938, <br />as amended; <br />Now, Therefore, the parties agree as follows: <br />1. At the option of Employer, Employee shall receive in lieu of payment, compensatory <br />time off for• time required of Employee to work for Employer in excess of 40 hours for <br />each week. <br />2. Compensatory time shall accrue at the rate of 1 1/2 hours for each hour that Employee is <br />required to work in excess of 40 hours in any one work week. <br />3. Employee shall accrue no more than 240 hours of compensatory time. if Employee <br />accrues in excess of 240 hours of compensatory time, l•T~l~lre~Tll-be-paic#-€et-all <br />the time worked in excess of said-tn~~irurrnet+nt-e€'-eertr}~errsfttay~itrie240 hours shall be paid <br />at the rate of 1 112 times Employee's errrtr+~~hourly rate ~"'~° ~~•••° - ~~' ~ °••'~•~~° ~ °~' <br />4. Once compensatory time has been earned by Employee it shall never be lost except as <br />may be used by Employee or as may be paid for by Employer. <br />5. Upon request by Employee to use accrued compensatory time, the Employer shall allow <br />employee to use said time off within a reasonable period after the request, so long as <br />such use does not unduly disrupt the operations of Employer. This determination shall be <br />based on the facts and circumstances of each individual case. Employer may require the <br />scheduled use of accrued compensatory time. <br />G. Upon termination of employment for any reason, Employee shall be paid for accrued <br />compensatory time at a rate of compensation equal to: the average regular rate received by the <br />Employee during the last three years of the Employee's employment, or the final <br />regular rate received by the Employee, whichever amount is greater. <br />7. Employer, at its option, shall be entitled to pay Employee for any portion of accrued <br />compensatory time. If Employer elects to make such election, payment shall be based <br />upon Employee's rate of earnings at the time said payment is made. <br />Cabarrus County, North Carolina <br />(Employee Signature) <br />By: <br />(Date) <br />(Witness Signature) <br />CCHLZD corm 9B (rev. 4/03;7/OG) <br />77 <br />F-5 <br />Attachment number 4 <br />Page 205 of 362 <br />