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Appendix B Wage and Hour Policy Section 1. Introduction The following Wage and Hour Policy has been developed to comply with the provisions of the Federal Fair Labor Standards Act (FLSA). The FLSA contains requirements for minimum wages, overtime pay and record keeping, in addition to restrictions on child labor. The provisions of the Act apply to all Cabarrus County Government employees, except those employees excluded from the FLSA definition of the term "employee", and those employees who qualify for exemptions based on the FLSA requirements. Even though the majority of the policy has been developed to insure compliance with the FLSA, other major wage and hour issues over which the Act has no jurisdiction are also addressed. Section 2 Exemptions Any bona fide executive, administrative, professional, or elected official, as these terms are defined in the regulations by the Secretary of Labor, is exempt from both the minimum wage and overtime pay requirements of the FLSA under section 13(a)(1). To qualify for the exemption, an employee must meet all of the pertinent tests relating to duties, responsibilities and salary as provided in Title 29 Code of Federal Regulation (CFR) Part 541.1 - 541.3. The following is a brief summary of the exemption requirements. Executive An employee is exempt as an executive employee, if all of the following tests are met: (a) They are compensated on a salary basis at a rate of not less than $455 per week, exclusive of board, lodging, or other facilities; (b) Whose primary duty is management of the enterprise in which the employee is employed or of a customarily recognized department or subdivision thereof; (c) Who customarily and regularly directs the work of two or more other full time employees or four or more part time employees whose total hours of work for the workweek are 80 hours or more; and (d) Who had the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees are given particular weight. Administrative An employee is exempt as an administrative employee, if all of the following conditions are met: (a) They are compensated on a salary or fee basis at a rate of not less than $455 per week, exclusive of board, lodging, or other facilities; (b) Whose primary duty is the performance of office or non manual work directly related to the management or general business operations of the County; and (c) Whose primary duty includes the exercise of discretion and independent judgment with respect to matters of significance. 55 F-5 Attachment number 6 Page 274 of 362