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Cabarrus County follows the Fair Labor Standards Act (FLSA) which has an exception from its overtime rules for non-exempt employees who work in law enforcement and fire. The section 207(k) exemption for law enforcement and firefighters allows public employers to figure overtime compensation for these groups based on work periods longer than the one week periods that apply to all other employees. Currently, the County utilizes a 14 -day pay cycle and overtime starts after 85.5 hours are worked. The FLSA states that an employer can pay straight time up to 86 hours but the county implemented 85.5 hour pay when we converted from the 28 -day cycle to the 14 -day cycle; therefore, the hours of 171 were cut in half to 85.5 All non-exempt sworn law enforcement and detention officers are paid each pay period for 85.5 hours and overtime for hours worked over 85.5 regardless of how many hours they work. We have some scheduled to work 8 hour shifts/80 hours per pay period and others are on 12 hour shifts and work 7 days for approximately 86 hours. All exempt sworn law enforcement and detention officers are also paid each pay period for 85.5 hours and earn compensatory time for hours that exceed 85.5. Recently, a survey was completed that included the following law enforcement agencies: Mecklenburg County, Union County, Rowan County, City of Concord, and City of Kannapolis. Several issues were discovered: 1. All agencies pay their exempt staff on a 2,080 hour pay schedule except Cabarrus County. 2. There are many options in determining the hourly rate of non-exempt staff. Most agencies post an annual salary but use different hours to calculate the hourly rate. This will affect the overtime rate of pay. One exception is Mecklenburg: a. Cabarrus uses 2,223 hours per year (annual) b. Mecklenburg uses 2,080 hours per year (hourly rate) c. Rowan uses 2,184 hours per year (annual) d. Union uses 2,080 hours per year (annual) e. Concord uses 2,229.84 hours per year (annual) f. Kannapolis uses 2,184 hours per year (annual) 3. Cabarrus County is the lowest paid agency in the region aside from Rowan County. 4. Mecklenburg, Union County, and City of Kannapolis pay their staff hour for hour up to 86(171 - City of Kannapolis) hours per pay period and then overtime is paid on the 86.01(171.01— City of Kannapolis) hour. All other agencies pay the same salary up to either 86 or 171 hours and then overtime is paid (except Cabarrus which is at 85.5 hours). Another fact to point out is that the County recently converted all Emergency Medical Service staff to a 12 -hour schedule from 24 hours. In doing this, overtime pay was increased for the staff. They are now paid overtime for every hour worked over 80 per pay period versus the previous fluctuating workweek method. There were concerns with fairness of pay with this group and we have the similar concerns about fairness with law enforcement. Attachment number 4 \n F-2 Page 37