(A) The County uses a variety of classifications to describe the status of its employees to define the terms and conditions of employment. These terms can be used by themselves, in conjunction with each other, or even interchangeably. The terms clarify as to whether an employee is entitled to overtime or benefits.
(B) Full- Time: An employee who has completed his/her orientation period and who works on average at least thirty (30) hours or more per week.
(C) Full-Time Probationary: A newly hired employee or an employee assigned (either through promotion or demotion) to a new job classification who has worked at the same position for more than ninety (90) calendar days, then becomes a full time employee. During the 90 day probationary period, a newly hired employee is not eligible for health insurance benefits.
(D) During this period, the newly hired employee will have the opportunity to get to know the County and the County will have the opportunity to get to know the employee. The period allows an employee to become familiar with the opportunities and responsibilities of being an employee of Lake County. This period also allows both the employee and the County to determine whether continued employment will be to the advantage of both parties. At the end of this orientation period, the employee will become eligible for regular employee status. The employee's department head will meet with the employee to discuss his/her evaluation and status for permanent employment.
(E) In certain circumstances, it may be in the employee and County's best interest to extend the orientation period for an additional thirty days. However, regardless of an extension (of probation), the employee will be eligible for health insurance benefits after he/she completes 90 calendar days of employment.
(F) A full-time employee may be exempt or non-exempt:
(1) Exempt
(a) A full-time “exempt” employee is a salaried employee who is exempt from the overtime and/or compensatory time requirements of the Fair Labor Standards Act (FLSA). An exempt employee has certain decision-making responsibilities and meets other criteria of the federal act. Job titles alone do not determine the exempt or non- exempt status of any employee.
(b) Since duties and responsibilities vary, it is best to verify through the Humane Resources Department that a position meets the requirements of being exempt under the FLSA. For example, an exempt employee must be paid on a salary basis of no less than $455 per week and perform certain types of work that is directly related to the overall management of a business or operation. The person must be authorized to directly or indirectly hire, fire and direct at least two other employees. The employee's primary duty must include the exercise of discretion and independent judgment with respect to matters of significance within the operation. Additional exemptions may be granted if the position:
1. requires specialized academic training for entry into a professional field, or
2. is in the computer field (employees who work in the computer field may be exempt if they are paid no less than $27.63 per hour), or
3. is in a recognized field of artistic or creative endeavor.
(2) Non Exempt - A full-time employee who is “non-exempt” is entitled to overtime and/or compensatory time under the Fair Labor Standards Act for all hours worked in excess of forty (40) hours in a workweek, at a rate of 1.5 times the hours worked either in pay or compensatory time. (See Flexible Schedule Section for additional details.)
(G) Part-Time
(1) An employee who has completed his/her orientation period and who works on average less than twenty-nine (29) hours per week. Part- time employees, although valuable members of the County’s workforce, are not eligible for all of the benefits (such as health insurance or pension benefits) afforded to full time employees.
(2) A part-time employee is prohibited from working for more than one County officeholder or department during a single pay period and shall not work more than twenty-nine (29) hours per week in a single pay period.
(3) Since part-time employees are limited to 29 hours per week, they should not work more than forty (40) hours in a week. However, in the event that a part-time employee does work more than forty hours in a week, the employee will be paid at a rate of l .5 times the number of hours worked (over and above forty hours) either in pay or compensatory time in accordance with federal law.
(H) Temporary or Seasonal: An employee who is hired for a specific period of time, with a known duration of no more than four (4) months or an employee who is assigned to a part-time job with a known limited duration of less than ten (10) full months is not eligible for benefits. Often these employees are also referred to as seasonal or temporary employees. A temporary employee may work either a full or part-time schedule depending upon the assignment. If the employee works more than forty hours in a week, the employee will be paid at a rate of 1.5 times the number of hours worked (over and above forty hours) either in pay or compensatory time.
(I) Classification Regarding Exempt Employees
(1) As noted above, certain positions such as department heads are considered exempt under the Fair Labor Standards Act (FLSA). The position must meet certain standards and conditions, and be given authority and responsibility that makes the position exempt under the FLSA.
(2) By virtue of this designation, exempt employees do not track the hours that they work. For timesheet purposes, exempt employees are instructed to note which days they worked and that they “have completed all assigned tasks and duties.”
(3) Employees who have specific questions regarding their exempt or non-exempt status should review the Fair Labor Standards Act or contact the County Council's Attorney or U.S. Department of Labor Wage and Hour Division.
(Ord. 1356C-3, passed 7-7-2015)