BC 2009 09 21 Regular Meeting - Laserfiche WebLink

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September 21, 2009 (Regular Meeting) Page 1611 years of the employee's employment; or (b)The final regular rate received by the employee, whichever is greater. An employee who has requested the use of accrued compensatory time off will be permitted to use the time within a reasonable period after the request, as long as such use does not unduly disrupt the operations of the County. Such determination will be based on the facts and circumstances of each individual case. Prior supervisor approval is required. The County or the employee's supervisor may require an employee to use accrued compensatory time as part of work load management. A department head may require the scheduled use of accrued compensatory time. Any employee exempt from the FLSA minimum wage and overtime compensation requirements may be granted compensatory time at the discretion of the department head. Compensatory time for such employees shall not exceed an hour-for-hour exchange for all hours worked over 40 in a normal work week, or in the case of law enforcement personnel 86 hours in a 14 day work period. Such compensatory time will be limited to a maximum cumulative total of 80 hours. Those employees having less than the 80 hour total may continue to be granted compensatory time to the 80 hour limit. Those with 80 hours cannot be granted additional hours until their totals are reduced below the limit by usage. Time sheets should reflect the hours actually worked, but the compensatory time section should be used following the 80 hour limitation. Accrued compensatory time for such employees shall be forfeited at the employee's termination of employment. This policy is not intended to establish a 90 hour work week for exempt personnel. Section 8. Special Provisions Fluctuating Hours - Emergency Medical Services (EMS) An employee whose hours of work fluctuate from week to week may be paid a fixed salary with the understanding that the fixed amount received as straight time pay is compensation for all hours worked, whatever their number and whether few or many. The employee's regular rate is determined each week by dividing the fixed salary by the number of hours worked in that week. The regular rate cannot be less than the minimum wage. Because the employee has been paid straight time compensation for all hours worked, he or she will receive additional overtime compensation for all overtime hours worked over 40 at a rate of at least one-half the regular rate. The FLSA requires an employee understand when the fixed salary for a fluctuating workweek method of payment for work is used. The Memorandum of Understanding - EMS Nonexempt Employee in Section 12 of this Appendix complies with the requirement and is required as a condition of employment. Law Enforcement Section 7(K) of FLSA provides special work periods and overtime thresholds for publicly employed law enforcement personnel, if the local governmental unit establishes an acceptable work period and notes in its 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