05-14-2003 Council Agenda - Laserfiche WebLink

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Fact Sheet #2 — FLSA Page 2 ✓ Either assist a City Manager /Administrator or City Council, perform specialized or technical work or execute special assignments. ✓ Not spend more than 20% of their time on work other than that described above. Professional Exemption: Professional employees must be paid at least $250 per week and: ✓ Perform work that requires advanced learning or is original and creative in a recognized artistic field or work as a teacher; ✓ Examples of advanced learning: law, medicine, nursing, accounting, engineering, teaching. ✓ Examples of artistic fields: music, writing, theater, plastic /graphic arts ✓ Perform duties that require constant exercise of discretion and judgment or invention, imagination, or talent in a recognized artistic field. ✓ Not devote more than 20% of their time to work other than that described above. An employee may combine any of the three types of duties listed above to meet the requirements of the "duties" test; however, any non - exempt duties must not exceed 20% of their work time. Salary Basis Test To be compensated `bn a salary basis ", the employee: ✓ Must receive a predetermined amount of pay each pay period; ✓ Cannot be paid by the hour; ✓ Cannot be subject to variations in pay based on quality or quantity of work; ✓ Must receive the full salary for any week in which any work is performed. Deductions from the weekly salary can be made when: ✓ The employee is absent for a day or more for personal reasons unrelated to illness or injury; ✓ The employer imposes penalties for a major safety violation (e.g., suspension without pay); ✓ No work is performed in that week. According to the Department of Labor, public sector employers who have a personal leave and sick leave system which requires employees to use such leave for partial day absences due to personal reasons or illness /injury can make deductions for these partial day absences when: ✓ Accrued leave is exhausted; ✓ The employee did not request paid leave or the paid leave was denied; or ✓ The employee chooses to use unpaid leave. (Note: This interpretation of the law has not been conclusively determined by court interpretation.) Other Special Exemptions: There are several other special exemptions: ✓ Highly skilled computer employees with extensive knowledge in computer systems analysis, programming and software engineering who work independently. Computer employees can be paid hourly if the rate is at least $27.63 per hour. ✓ Employees who freely choose to work part-time for the city in a different job than their normal job on an occasional and sporadic basis do not need to be paid time and one -half for the additional hours if: — the duties in the two jobs are substantially different, and — they are working in two different departments ✓ Employees working in separate seasonal amusement and recreational establishments. The establishment must be physically separated from the rest of the city's operations, either by distance or structurally (e.g., a fence). In addition, the establishment must be open no more than seven months of the year or its average receipts for any six months of the preceding year were not more than 1/3 of its average receipts for the other six months of the year. ✓ Police and Fire Department employees have some unique special exemptions (see Fact Sheet No. 3). If you have additional questions, please contact the LMC Research Department. For legislative updates, contact the LMC Intergovernmental Relations Staff. September, 1998