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Thomas M. Sweeney <br />James J. O'Connor <br />George F. Borer <br />Paul T. Ostrow <br />Sweeney, O'Connor & Borer <br />Professional Association <br />Attorneys at Law <br />Suite 1200 <br />One Capital Centre Plaza <br />386 North Wabasha Street <br />St. Paul, Minnesota 55102 <br />April 16, 1987 <br />Mr. Joseph G. Chlebeck <br />City Clerk <br />515 Little Canada Road <br />Little Canada, MN 55117 <br />Re: Personnel Ordinance <br />Our File No. 5951 <br />Dear Joe: <br />Telephone <br />(612) 222 -2541 <br />pitEl[gl <br />APR 17 1981 <br />CITY OF <br />LITTLE CANADA <br />At the direction of the City Council, Jim LaValle and I met <br />to discuss the current Personnel Ordinance of the City of Little <br />Canada. Jim and I reviewed the Ordinance at some length <br />relative to some areas and provisions that might need minor and <br />very simple revisions. However, the question of overtime <br />compensation, presently covered by Section 209.090 of the <br />Municipal Code, is an extremely complicated issue that the <br />Council must consider. <br />In general, the Fair Labor Standards Act and Regulations <br />promulgated thereto, which are effective as of February 17, <br />1987, to cities, provide that as of April 15, 1986, all <br />non - exempt City employees are entitled to overtime compensation <br />either on the basis of cash at time and one -half or compensatory <br />time which shall accrue on the basis of one and one -half hours <br />of compensatory time of each hour worked in excess of the normal <br />work week. At this point I am assuming that no City employees <br />are exempt from the overtime requirements of the FLSA. To be <br />exempt from such requirements, an employee must be employee in a <br />"executive, administrative, professional, or outside sales <br />capacity," as defined in federal law. A determination of such <br />an exemption will require an analysis of the responsibilities of <br />the particular employee and a determination that the functions <br />and responsibilities of the employee fit into the specific <br />standards of the extensive federal regulations. For the moment, <br />we are considering all employees as non - exempt. <br />The payment of compensatory time in lieu of cash at time <br />and one -half is the option of the employer provided it is made a <br />condition of employment. However, employees, other than <br />specified categories such as public safety, may only accumulate <br />Page 28 <br />