Agenda Packets - 1985/05/28 - Laserfiche WebLink

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MAYOR AND CITY COUNCIL 19 MAY 20, 1985 PAGE TWO Executive - Clerk Administrator and Dept. Heads. Adm strative - Recreation Supervisor, Department Secretaries, and Utility Billing Clerk. Additional information will be necessary in order to deter- mine whether the Sergeant/Investigator and Investigator in the Police Department also come under the Administrative exemption. Professional - Accountant, Public Works Foreman/ Building Inspector, Engineering Technician/ Assistant Building Inspector, and Electrical Inspector. Also, recreation employees are exempted from minimum wage and overtime requirements when the facility or program they work in operates for no more than seven months per year. 3. What provisions of FLSA apply to local governments? a. Minimum wage - the City is currently in compliance with the minimum wage requirements. b. Overtime - In those cases where overtime is required, it must be paid overtime not compensatory time. For non -police employees not exempted from FLSA, overtime must be paid for overtime for any hours worked in excess of 40 during any one week period. Averaging of hours over multiple week periods is not allowed. In the case of non-exempt police personnel, overtime must be paid when an individual works more than 171 hours during a 28 day work period. For police, work includes training and on -call time when the personal freedom of the employee is restricted. 4. Conclusions Obviously, the application of FLSA to local govern- ment places a burden on the City which must be dealt with. Pending any modified or new rulings from Labor or additional information which might modify my original conclusions, I propose that the following action be taken. a. Modify the City's Personnel Code, Municipal Code Chapter 6, to reflect the changes brought about by FLSA for adoption with the other code changes being made during our code review process.