§ 39.127 EXEMPT/NONEXEMPT CLASSIFICATION.
   (a)   Any employee employed in a bona fide executive, administrative or professional capacity is exempt from the wage and hour provisions of the Fair Labor Standards Act. An employee employed in a bona fide executive, administrative or professional capacity shall be paid on a salary basis within the meaning of the FLSA regulations. The employees employed in a bona fide executive, administrative or professional capacity shall be defined as EXEMPT employees.
   (b)   Employees who are within the general coverage of the FLSA and are not specifically exempt from the overtime pay requirements shall be defined as NONEXEMPT employees. The regular hourly rate of pay of a nonexempt employee is determined by dividing his or her total remuneration for employment (except statutory exclusions) in any work week by the total number of hours actually worked by him or her in that work week for which the compensation was paid.
(1957 Rev. Ords., § 2.213; 1992 Code, § 30-103) (Ord. 2669, passed 3-3-1970; Ord. 87-91, passed 11-25-1991; Ord. 32-94, passed 4-11-1994)