(A) Each employee is designated as professional exempt, exempt or non-exempt from federal and state wage and hour laws.
(1) (a) Professional exempt employees include those employees whose position is classified as professional exempt from overtime requirements of the Fair Labor and Standards Act. The Town Council shall determine which employees are classified as professional exempt. Professional exempt status shall also be identified in the job description. However, these employees shall receive compensatory time for all hours worked over 85 in a two-week pay period at the rate of one and one half times.
(b) Professional exemption. To qualify for the learned professional employee exemption, all of the following tests must be met: the employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week. The employee’s primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment. The advanced knowledge must be in a field of science or learning; and the advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.
(2) Exempt employees include employees whose position is classified as exempt from overtime requirements of the Fair Labor Standards Act. The Town Council shall determine which employees are classified as exempt. Exempt status shall also be identified in the job description.
(3) Non-exempt employees include those employees whether hourly or salaried whose position is classified as non- exempt and therefore are subject to the overtime requirements of the fair labor and standards act. The Town Council shall determine which employees are classified as non-exempt. Non- exempt status shall also be identified in the job description.
(B) Employees may be required to work overtime when operating requirements or other needs cannot be met during regular working hours. Overtime assignments will be made to best meet the operational needs of the town. All overtime work must receive the supervisor’s prior authorization. Employees who work overtime without receiving prior authorization form the supervisor may be subject to disciplinary action, up to and including termination of employment.
(C) Overtime work (work beyond 40 hours per week or eight hours per day) must always be approved by the supervisor or their designee before it is performed.
(D) Non-exempt employees working in excess of 40 hours in a workweek may receive FLSA compensatory time off at a rate of one and one-half hours per hour worked. Overtime compensation in the form of overtime pay at a rate of one and one-half times and employee’s hourly wage for all approved hours worked in excess of 40 hours in a work week or eight hours per day.
(E) Calculating overtime is based on actual hours worked. Time off for paid sick leave, vacation leave, personal leave or emergency closings will be considered as hours worked for purposes of calculating overtime compensation. Time off on compensatory time will not be considered as hours worked for purposes of calculating overtime compensation.
(Ord. 05-04, passed 2-28-2005)