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CABARRUS COUNTY, NORTH CAROLINA C^gARR'J$ CO'JNTY MEMORANDUM OF UNDERSTANDING - Non -Exempt Employee Compensatory Time This Memorandum of Understanding is entered into by and between , employee of Cabarrus County, hereina~sr referred to as Employee; and Cabarrus County, North Carolina, a body politic and corporate, hereina~te~ referred to as Employer; WlTNESSETH: WHEREAS, Employee is employed by Employer and whereas all parties to this agreement understand that same is being executed so as to comply with certain provisions of the Fair Labor Standards Act of 1938, as amended; NOW, THEREFORE, the parties agree as follows: 1. At the option of Employer, Employee shall receive in lieu of payment, compensatory time off for time required of Employee to work for Employer in excess of 40 hours for each week. 2. Compensatory time shall accrue at the rate of 1 1/2 hours for each hour that Employee is required to work in excess of 40 hours in any one work week. 3. Employee shall accrue no more than 240 hours of compensatory time. If Employee accrues in excess of 240 hours of compensatory time, he/she shall be paid for all time worked in excess of said maximum amount of compensatory time at the rate of 1 1/2 times Employee's earnings at the time said overtime is required. 4. Once compensatory time has been earned by Employee it shall never be lost except as may be used by Employee or as may be paid for by Employer. 5. Upon request by Employee to use accrued compensatory time, the Employer shall allow Employee to use said time off within a reasonable period after the request, so long as such use does not unduly disrupt the operations of Employer. This determination shall be based on the facts and cimumstances of each individual case. Employer may requtre the scheduled use of accrued compensatory time. 6. Upon termination of employment for any reason, Employee shall be paid for accrued compensatory time at a rate of compensation equal to: the average regular received by the Employee during the last three years of the Employee's employment, or the final regular rate received by the Employee, whichever amount is greater. 7. Employer, at its option, shall be entitled to pay Employee for any portion of accrued compensatory time. If Employer elects to make such election, payment shall be based upon Employee's rate of earnings at the time said payment is made. (Employee Signature) (Date) Cabarrus County, North Carolina By: (Witness Signature By' (W!tnsss (Page 2 cf 2) A"--/3