(A) It is the intent of the town to clarify the definitions of employment classifications so that employees understand their employment status and benefit eligibility. These classifications do not guarantee employment for any specified period of time.
(B) Accordingly, the right to terminate the employment relationship at will at any time is retained by both the employee and the department head or elected official in accordance with any federal or state law.
(C) Each employee is designated as either non-exempt or exempt from federal and state wage and hour laws. Non-exempt employees are entitled to overtime pay under the specific provisions of federal and state laws.
(D) Exempt employees are excluded from specific provisions of federal and state wage and hour laws. The Town Council shall change an employee’s exempt or non-exempt classification only upon written notification.
(E) In addition to the above categories, each employee will belong to one other employment category:
(1) Regular full-time employees who are not in a temporary status and who are regularly scheduled to work at least 40 hours per week are eligible for the town’s benefit package, subject to the terms, conditions and limitations of each benefit program;
(2) Regular part-time employees are those who are regularly scheduled to work less than 40 hours and are not assigned to a temporary status and work a specific work schedule on a weekly basis. While they do receive all legally mandated benefits (such as Social Security and workers’ compensation insurance), they are not eligible for other town benefits;
(3) Introductory employees are those whose performance is being evaluated to determine whether further employment in a specific position or with the town is appropriate. Employees who satisfactorily complete the introductory period will be notified of their new employment classification;
(4) Temporary or seasonal employees are those who are hired as interim replacements, to temporarily supplement the work force, or to assist in the completion of a specific project. Employment assignments in this category are of a limited duration;
(5) Government employees are those employees who are:
(a) Hired by and under direction of the Clerk-Treasurer; and
(b) Those employees who are hired by and under the direction of the Town Marshal.
(6) Utility employees are those employees who are municipal employees hired by and under the direction of the Town Council.
(F) At the time of hire, employees will be advised if they are in a position that has been designated as “essential” by the Clerk-Treasurer or the Town Council. These positions are those deemed necessary to maintain critical operations of the town in emergency situations such as severe weather, power failures or other situations where it is necessary to close certain offices of the town yet maintain essential services to the town. (Refer to § 34.051 of this chapter.)
(G) Employment beyond any initially stated period does not in any way imply a change in employment status. Temporary employees retain that status until notified of a change to another status. While temporary and seasonal employees receive all legally mandated benefits (such as workers’ compensation insurance and Social Security), they are not eligible for the town’s other benefit programs.
(Ord. 2016-07, passed 12-28-2016)