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September 21, 2009 (Regular Meeting) Page 1615 one or more whole days without pay for violations of the following workplace conduct rules, committed on or off site. The list is not exhaustive and workplace misconduct that is serious, disruptive and harmful and, in view of management, is of similar level as the examples provided below, will result in disciplinary suspensions without pay for one or more whole days. (a)Unlawful harassment, including sexual, racial, disability, religious, national origin, or other protected characteristics or harassment for exercising a protected right. (b)Threatening, enticing, encouraging, or committing workplace violence, including physical assault, physical altercation, physical intimidation, including making another fear physical harm to self or property. (c)Theft, sabotage, or vandalism of property, including intellectual property, belonging to the county or another employee. (d)Violation of the Drug Free Workplace Policy. (e)Violation of state or federal laws, other than minor traffic violations. (f)Violation of serious OSHA requirements including failing to take established Personal Precautions and failing to use Personal Protective Equipment when required. (g)Abuse, neglect, or harassment of a patient or consumer of services. (h)Violation of a patient or consumer right as defined by state or federal law. (i)Exposing a patient or consumer of services to undue and unnecessary risk of injury or illness as defined by state or federal law. Section 11. Enforcement The Secretary of Labor is authorized by the FLSA to sue for back wages and for an equal amount of liquidated damages without a written request from the employee even though the suit might involve issues of law that have not been finally settled by the courts. The act also specifically authorizes suits against public employers by their employees. This amendment clarifies the right of state and local government employees to bring private actions in Federal and State courts against their employers to enforce their rights and recover any back wages which may be due under the Fair Labor Standards Act. Section 12. Memorandums of Understanding (a) Memorandum of Understanding - Nonexempt Employee Compensatory Time. See Section 7 above for additional information. (b) Memorandum of Understanding - EMS Nonexempt Employee. See Section 8 above for additional information. Cabarrus County, North Carolina Memorandum of Understanding- EMS Non Exempt Employee This Memorandum of Understanding is entered into, by and between _, employee of the Cabarrus County EMS, herein referred to as Employee; and Cabarrus County, a body politic and corporate, herein referred to as Employer; Witnesseth: 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. Employee is employed on a salary basis with hours of work which fluctuate from week to week and is paid a fixed amount as straight time pay for whatever hours employee is called upon to work in a work week, whether few or many. 2. Bona fide meal periods during Employee's duty shift shall be deducted from hours worked. If Employee's meal time is interrupted by a call to duty, the time of the interruption shall be counted as hours worked. If Employee does not receive at least 30 minutes of uninterrupted meal time, Employee shall be paid for the entire meal period. A maximum of three hours shall be excluded from hours worked if meal periods amount to three hours or more. The meal times shall be defined as follows: