AG 2009 09 21 - Laserfiche WebLink

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records the starting time and length of the period for each employee. An individual is considered to be an employee of law enforcement activities if he or she: (a) Is 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 instruction. Law enforcement personnel also includes, by express reference, security personnel in correctional institutions. A correctional institution is any government facility maintained as part of a penal system for the incarceration or detention of persons suspected or convicted of having breached the peace or committed some other crime. Pursuant to the 7(K) exemption, the County may establish a work period of anywhere from seven to 28 consecutive days, instead of the seven day workweek. The maximum work hours standard for Cabarrus County law enforcement employees is 86 hours for a work period of 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 the change is intended to be permanent. Volunteers Individuals working as volunteers are not considered to be employees of the County. An individual's volunteer status is not lost if: (a) He or she receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered; and/or (b) Where the individual is also employed by the County, the services performed are not the same type of services which the individual performs for the County. Special Detail Work For Law Enforcement Employees Individuals working in law enforcement activities may agree to be employed by a separate and independent employer on a special detail in law enforcement or a related activity. When such an agreement is solely at the individual's option, the hours the individual is employed shall be excluded by the County when determining the hours for which the employee is entitled to overtime compensation or compensatory time off. This is true even when the County requires its employees in law enforcement to be hired by the separate employer to perform the special detail, facilitates the employment of such employees by a separate employer, or is in any other way involved. When determining whether an employer is separate and independent, the following issues should be considered: (a) Does the employer maintain a separate payroll? (b) Does the employer have a separate budget authority? (c) Does the employer have a separate retirement system? (d) Can the employer sue and be sued in its own name? (e) Does the public agency refrain from exercising control over the employee while the special detail work is being performed? Occasional or Sporadic Employment Employees of a public agency may agree, on an occasional or sporadic basis, to work part time for the County 61 F-5 Attachment number 6 Page 280 of 362