01.01 A-C - Police Chief Application Process

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o� AGUEoF �I NN ESOTA G[TIES � CONNECTING & INNOVATING Stt�lC1: i913 HUMAN RESOURCES & BENEFITS INFORMATION FAIR LABOR STANDARDS ACT (FLSA) DET�RMINING EXEMPT VS. NON-EXEMPT STATUS The Fair Labor Stanclards Act {29 U.S.C.A. §201-219) requires, �mong other things, ttiat cities compens�te coverect eniployees at the rate of time and oi�e-half for hot�rs worked over 40 in one workweek. This Fact Sheet discusses which employees are covered (iion-exempt) employees aud which are not covered (exempt) employees. Cities should be aware that Police and Fire De��rt�nent employees have some unique exemptions. See An Overview of tlie Fair Labor Standarcls Act (FLSA) and Police and Fire Emplovees aud tlie Fair Labor Standards Act (FLSAI for mare infonnation on the FLSA. All cities are covered by tlie FLSA, but some employees are "exempt" froin the overtime provisions of the act. To be "exempt," employees must ineet both of two separate tests: 1) duties test; and 2) salary basis test. Non-exempt employees must be paid overtime for all hours worked over 40 in one tvorkweek; exempt employees do not earn overtime. Being "saiaried" does not mean the same tliing as being "exempt." With a few exceptions (e.g., doctors, la�vyers}, any employee �vl�o does not earn $455hveek will be considered non-exempt. Duties Test Tliere are generally four types of exemptions used by ciiies. Employees inust meet the criteria outliued in one of the following four exemptions (Executive, Administrative, Professional and Computer) in order to meet the "duties" test and be considered exempt. Executive Duties Executive ernployees inust: • Be paid at least $455 per week on a salary basis; • Have the primary duty of "n�anaging" the enteiprise (e.g., the city) or a custoinarily recognized "depai�tineut or subdivision" of tlie city; • Regularly supervise t�vo or more employees (at least 80 hours �vorth of employee work per week); and • Have tlie authority to hire or fire otlier employees or have their recommendations ou hiringJfiring, advaucemeut, promotion or other change of status decisions be given "particutar weight." "Managing" includes: spending approximately 50% of work time on management activities like inteivie�ving, selecting and training employees; setting and adjusting employee rates of pay and liours of work; directing employee work; evaluating employee perfoiYnance; handling employee `.. 145 UNIVERSITY AVE. WGST rHONe: (G51> 281-1200 Fnx: (G51) 281-1299 ST. PAUL, MN 55103-2044 ro�� FREe: (800) 925-1122 �ves: w►vtivi�.lc.oRr,