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Cabarrus County, North Carolina <br />Memorandum of Understanding- EMS Non Exempt Employee <br />This Memorandum of Understanding is entered into, by and between ,employee of the <br />Cabarrus County EMS, herein referred to as Employee; and Cabarrus County, a body politic and <br />corporate, herein referred to as Employer; <br />Witnesseth: <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. Employee is employed on a salary basis with hours of work which fluctuate from week to <br />week and is paid a fixed amount as straight time pay for whatever hours employee is <br />called upon to work in a work week, whether few or many. <br />Bona fide meal periods during Employee's duty shift shall be deducted from hours <br />worked. If Employee's meal time is interrupted by a call to duty, the time of the <br />interruption shall be counted as hours worked. If Employee does not receive at least <br />30 minutes of uninterrupted meal time, Employee shall be paid for the entire <br />meal period. A maximum of three hours shall be excluded from hours worked if <br />meal periods amount to three hours or more. The meal times shall be defined as <br />follows: <br />Breakfast - 8:00 AM to 9:30 AM <br />Lunch - 11:30 AM to 2:00 PM <br />Dinner - 6:00 PM to 8:00 PM <br />Bona fide sleep periods during Employee's duty shift shall be deducted from hours <br />worked. If Employee's sleep time is interrupted by a call to duty, the time of the <br />interruption shall be counted as hours worked. If the Employee cannot get at least five <br />hours of consecutive uninterrupted sleep during the scheduled sleep period, the entire <br />sleep period shall be counted as hours worked. A maximum of eight hours sleep time <br />shall be excluded from hours worked if sleep periods amount to eight hours or more. <br />The scheduled sleep period shall be from 10:30 PM to 7:00 AM <br />4. Employee shall be paid additional compensation equal to one-half of the Employee's <br />regular rate of pay for time worked in excess of 40 hours. The regular rate of the <br />employee will vary from week to week and is determined by dividing the number of <br />hours worked in the work week into the amount of salary plus any merit pay, longevity <br />pay or other compensation to be considered as wages under the Fair Labor Standards Act. <br />(Employee Signature) <br />(Date) <br />Cabarrus County, North Carolina <br />By: <br />(Witness Signature) <br />CCHRD Form 9A (rev. 4/03;7/06) <br />66 <br />Attachment number 6 <br />Page 285 of 362 <br />F-5 <br />