05-13-1987 Council Agenda - Laserfiche WebLink

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Mr. Joseph G. Chlebeck April 16, 1987 Page Two 240 hours of compensatory time, which would accrue as a result of 160 hours of overtime worked. We are continuing our research as to whether hours in addition to 240 must be paid in cash at time and one -half. FLSA provides that an employee can use compensatory time within a reasonable period as long as such use does not unduly disrupt the operation of the employer. Upon termination of employment, the employer must cash out the compensatory time at the average rate of pay of the last three years or the final rate of pay, whichever is higher. We are also continuing to research the question of forfeiture of any amounts of compensatory time. FLSA does provide that the banked compensatory time may be carried forward into the next year. Jim and I discussed other areas that could or should be revised. In Section 209.010, and throughout the present ordinance, the term regular employee is used. Perhaps "permanent employee" would be a more appropriate term. Section 209.100 should be expanded to include Martin Luther King Day, the third Monday in January, as a legal holiday. Jim suggested that 209.120(D) be amended to provide for a three (3) month period rather than a six (6) month period. It appears that the mandatory retirement age of 70, in Section 209.180, is no longer enforceable. Similarly, Section 209.200(A)(6) would not be a legally allowable reason for dismissal of an employee. Jim has correctly raised the question of the enforceability of Section 209.210(B) because of the enactment of Minn. Stat. Section 210A.09, Subd. 2, which provides as follows: "Any person elected to a public office shall be permitted time off from regular employment to attend meetings of the public office. No retaliatory action may be taken by the employer for absences necessary for the employee to attend the meetings. Such time off may be without pay, with pay, or made up with other hours, as agreed between the employee and employer. When an employee takes time off without pay, the employer shall make an effort to allow the employee to make up the time with other hours when the employee is available." To the extent that Paragraph B conflicts with the above quoted statute, the ordinance provision should be amended. Page 29