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MAYOR & CITY COUNCIL FROM: CLERK -ADMINISTRATOR PAUL DATE: FEBRUARY 27, 1939 SUBJECT: EXEMPT EMPLOYEE WORK HOURS Prior to the Fair Labor Standards Act (FLSA) being applied to local government, the City had allowed salaried employees to earn comp time and take the time off as authorized by their Department Head. Salaried employees include the Clerk -Administrator, Department Hcads, and all professional and supervisory staff. When FLSA went into effect, the City initially interpreted this as preventing our exempt (sa1aried) employees from earning comp time. As a result, our Personnel Code under 6.31, Sub.S, b. prohibits compensatory time from being given to exempt employees. Information from the City's fiscal consultants and other sources reveals that this interpretation is incorrect and that the City can, if it so chooses, allow exempt employees time off for hours worked in excess of the 60 hours required during a payroll period. In fact, the City's Personnel Code under 6.37, Sub.6, (1) provides that a Department Head, with the approval of the Clerk -Administrator, may allow an employee to r",iate from the standard 8 hour work day as workloads demand. In the past it has been my practice to allow Prwmnt Pmntmyees to daviatp from the standard 8 hour day in recognition of night meetings and ether job requirements that cause them to work evenings and weekends. A problem has arisen in that some employees feel that time sheets should reflect an 8 hour day and 40 hour week and no clear policy exists that allows deviation from that. I would nropose an Admiristrativ_ Policy or a policy by resolution of the City Council that provides that, in recognition of the fact that exempt employees are frequently required to work cutside of the standard work day, Department Ho.d= and the Clerk -Administrator are allowed to authorize work days of less than 8 hours for exempt employees as long as that employee records at least 80 hours during the pay period using a combinat,on of regular hours, vacation and sick leave. The choice to allow an employee to come in late in the morning because of a late evening meeting the night before or to leave early one day would be the decision of the employee's supervisor. I don't feel any clear cut guidelines could be written to guide the supervisory in this matter except that the privelege should not be abused and the employee must be able to get their job done before any consideration should be given to time off. Ultimately, the employee must be able to get their job done and take whatever time is necessary to do it in an acceptable fashion. E';sentially, I am requesting direction on two items. The first is whether or not you agree with the idea of letting exempt employees have felxibility in their working hours. The second is the form the policy should take, i.e. an Administrative Policy or a policy by resolution of the City Council.