AG 2009 09 21 - Laserfiche WebLink

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Professional An employee is exempt as a professional 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 work: 1. Requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction (doctors, lawyers, engineers, chemists, nurses, teacher, etc); or 2. Requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor (artists, writers, architects, designers, musicians, actors, certain radio and television announcers, etc.). Computer Employee An employee may be exempt as a computer employee if they perform the following kinds of work and meet all the following conditions: (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 or is paid an hourly rate of $27.63. (b) They perform the work of computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field. Elected Positions An employee is exempt in an elected position if the following conditions are met: (a) The employee is not subject to the civil service laws of the State, political subdivision or the County; and (b) The employee is an elected official, a member of the personal staff of an elected official, an appointee of an elected official serving on a policymaking level, or an immediate adviser to an elected official regarding the constitutional or legal powers of the official's office. The above requirements are a brief summary of the requirements. Exempt employees must meet all the requirements as described in the federal regulation 29 CFR Part 541. Section 3. Hours Worked Hours worked include any time an employee is required to be on duty, on County premises, at a designated workplace for the County, and all times where the employee is suffered or permitted to work. Hours worked also include any work done on or away from the working premise, if the supervisor or County has reason to believe or knows that work is being done. Furthermore, the supervisor or County cannot unjustly benefit from work performed without knowledge. Holidays, Annual Leave, and Sick Leave Holidays, annual leave and sick leave are not counted as hours worked for the purpose of computing overtime, even though they are paid hours. 56 F-5 Attachment number 6 Page 275 of 362