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AG 2009 09 21
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AG 2009 09 21
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Last modified
2/8/2010 11:54:31 AM
Creation date
11/27/2017 11:26:46 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
2/8/2010
Board
Board of Commissioners
Meeting Type
Regular
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12:01 AM and ends on Thursday at 12:00 midnight, unless excepted below. The workweek, once established, <br />may not be changed unless the change is intended to be permanent. The County may have one work period <br />applicable to all of its employees, or have different work periods for different employees or groups of <br />employees. <br />The official workweek for the Civilian Telecommunicatorpnsition begins on Thursday at 7:00 AM and ends the <br />following Thursday at 6:59 AM. <br />Regular Rate <br />The regular rate is the equivalent hourly rate at which an employee is actually paid for normal, non overtime <br />hours. The regular rate includes base pay, merit pay, career incentives pay, longevity pay, on call pay and all <br />other pay actually received. The regular rate does not include gifts, pay for annual leave or sick leave, certain <br />discretionary bonuses, contributions to fringe benefits or, as stipulated in an employment contract, extra bona <br />fide premium compensation for working overtime, for working Saturdays, Sundays and holidays, and for <br />working hours outside the normal workweek or workday if at least one and one-half times the normal rate is <br />paid. <br />When pay in addition to the base salary is paid to an employee for a weekly period, the bonus is added to the <br />employee's other earnings before the regular rate is determined. Where the additional pay is paid for a longer <br />period of time, the County may temporarily disregard the bonus and just pay overtime pay at one and one-half <br />times the regular rates. When the additional pay can be ascertained, it is apportioned back over the workweeks <br />of the period during which the additional pay was earned by the employee. The employee then receives <br />additional overtime pay for each workweek overtime was worked. The extra pay does not affect the use of <br />compensatory time off nor entitle the employee to additional compensatory time off. <br />Employee Overtime -General Policy <br />All nonexempt employees other than fire protection and law enforcement employees must be paid at least one <br />and one-half times his or her regular rate of pay for all hours worked over 40 in a workweek. Fire protection and <br />law enforcement employees are paid overtime pay after the applicable threshold for their designated work <br />period, not to exceed 28 days, under FLSA Section 7(k). However, compensatory time off may be given in lieu <br />of overtime compensation according to the provisions of Section 7 below. Any overtime incurred by an <br />employee must be approved through the head of the department in which the overtime takes place. <br />FLSA requires that the minimum wage for any overtime due an employee be determined on the basis of the <br />hours worked in each workweek and that the compensation earned by an employee in a particular workweek be <br />paid on the regular payday for the pay period in which the workweek ends. An employer cannot average the <br />hours of work by an employee over two or more workweeks, even if the employee is paid every two or more <br />weeks. <br />Section 7. Comaensatory Time <br />Nonexempt employees shall receive compensatory time off, in lieu of overtime compensation, at a rate of not <br />less than one and one-half hours for each hour of employment under which the overtime compensation is <br />earned. Compensatory time off may be given only where the employee has not accrued compensatory time off <br />in excess of the prescribed limits established by the Fair Labor Standards Act. (see below) <br />The FLSA requires an employee -employer agreement when overtime is treated as compensatory time in lieu <br />of cash payment for nonexempt employees. The Memorandum of Understanding -Nonexempt Employee <br />Compensatory Time in Section 12 of this Appendix complies with the requirement and is required as a <br />condition of employment. <br />59 <br />F-5 <br />Attachment number 6 <br />Page 278 of 362 <br />
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