Laserfiche WebLink
June 6, 1985 <br />Board of Commissioners <br /> <br />I <br />i <br />I <br /> <br />(2) <br /> <br />If any non-exempt employee has a fixed salary for fluctuating <br />hours, and receives the ~ame aslary no metier how many or how <br />few hours are worked In a work week, the parties may reach an <br />understanding whereby the fixed ~alary covers aU hours worked at <br />straight time, and only an additional half-time need be paid for <br />hours worked over 40. The regular and overtime rates will vary <br />with the hours worked in each week. 28 C.FoR. S??8.114. <br /> <br /> I <br />I <br />I <br />I <br /> <br />Example: B's salary is $200 a week. B works 45 hours one week. <br />The straight time rate (or "regular rate") is computed as follows: <br />$200 · 45 ~ $4.44. An additional $2.22 (or 1/2 the regular rate) is <br />due for each of the 5 overtime hours. The total due B for the week <br />is $211.10. if in another week B works S0 hours, the regular rate is <br />$4 and an additional $2 is due for the 10 overUme hours for a total <br />of $220. <br /> <br />CAVEAT: To qualify for "fluctuating workweek* method of - <br /> paying overtime, the s~lm'y cmu~ot be doekod for weeks <br /> in which fewer than 40 hours are worked, even if all sick <br /> and vacation leave is exhausted. <br /> <br />I e. OverUme for fire protection or law enforcement employees (including security <br /> personnel in correctional institutions) is only required for hours worked over <br /> 212 for a 28-.day work p~.riod for firefighters and 171 hours for each <br />I consecutive 28-day work period for law enforcement personnel <br /> <br />I E_XEMP._~.T EMPLOYEES - 29 C.F.R. Part 541 <br /> <br /> 1. Must have as their Primary duty management, administration or work of a <br />I p~ofessioflai nature as defined in the federal regulations. <br /> 2. Must be paid a weekly salary of $250 a week. (An employee with a salary between <br />I $155 and $250 a week may qualify if no more than 20 percent of his time is spent on <br /> non-exempt activity). <br /> <br />The minimum weekly salary requirement does not apply to physicians, lawyers <br />and teachers. <br /> <br />To be exempt from overUme the employee must be guaranteed his furl weekly <br />salary for any week in which he performs any work, without regard to the <br />number of days or hours worked. <br /> <br />Exempt employees do not have to be paid for any weeks in which <br />they perform no work. <br /> <br /> <br />