BC 2009 09 21 Regular Meeting - Laserfiche WebLink

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September 21, 2009 (Regular Meeting) Page 1612 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 in a capacity different from his or her regular employment. When such an agreement is solely at the employee's option, the hours worked shall be excluded by the public agency when determining the hours for which the employee is entitled to overtime compensation or compensatory time off. Substitutions Individuals working in local government agencies may, at their own option but with the approval of the department head or designee, substitute during scheduled hours for another employee working in the same activities without the hours being counted when computing overtime hours worked. The employer is not required to maintain records of the substitute hours worked. Child Labor A 16 year minimum age applies to employment in any nonagricultural occupation not declared hazardous. Hazardous occupations are subject to an 18 year minimum age except where exemptions are allowed for apprentices and student learners. Minors of 14 and 15 years of age may be employed in a variety of non manufacturing and non hazardous occupations. They may not work during school hours, before 7:00 AM or after 7:00 PM (9:00 PM from June 1 through Labor Day), more than eighteen hours during school weeks (40 hours in non school weeks), or more than three hours on school days (eight hours on non-school days). Note: It is the policy of Cabarrus County to only hire individuals 16 years of age and older. Section 9. Records Certain records must be kept in accordance with the FLSA requirements. There is no particular form of records required. Records for nonexempt employees may differ from records for exempt employees. A Cabarrus County time sheet or an approved operational version of one is to be kept for all employees.