01.01 A-C - Police Chief Application Process

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• How much supervision does the einployee receive? How fi�ee is the employee to determine � how ta spend her time? (The more independence and fi•eedom, the rnore likely it is to be considered exempt.} • Wliat is the relationship between the employee's salary and the wages paid to other employees for the kind of nonexempt work performed by the employee? (If the employee's pay is relatively close to the level ofnonexempt �vorkers, this may harm the employee's chance of being considered exenipt). Salary basis To be compensated on a salary basis, the employee: • Must receive a precietermined amount of pay each pay period; • Cannot be paid by the hour; • Cannot be subject to variations in pay based on quality or c�uantity af ti�rork; • Must receive tlie full salary for any week iii whicli any work is performed. Deductions from tlie �veekly salary cau be made when: - The employee is absent for a day or more for personal reasons utirelated to illness or injury; - The einployer imposes penalties for a major safety violation (e.g., suspension without PaY); - No ��ork is performed in ttiat week. According to tlie U.S. Deparrinent of Labor, public sector employers �vho have a personal leave and sick leave system that etnployees must use for partiai day absences due to personal reasons or � illnesslinjury can make deductions for these partial day ahsences �vl�en: . Accrued leave is exhausted and the employee takes a partial (or full) day off; • The ennployee did not request paid leave or the paid leave was cienied but the employee still takes the time off as unpaid leave (partial or full day); or • The employee requests the use of unpaid leave (partial or full day off}. � Deducfions from thc pay of an exempt employee of 1 public agency for absences due to budget-reguireci leave-�vithout-pay programs shall not disqtialify the einployee fiom being paid "on a salary basis" except in the tivork�veek iii which t1�e budgat-rec�uired leave-�vitliout-pay occurs ai�d foe �vhicli the employee's pay is accordingly reciuced. Speciai Exemptions The city may be subject to certain state Iaw exemptions (listed below) if it meets this federal exemption: � Employees x�o�king i�t se�crr�c�e seasorurl m�luse»re»t mrd recreatiolral esitrblishme»is are exempt f•0»1 the federnl wage att�l laorn• law if t/te estnblishnte�tt is�hysically se�atated fi•om the t�es1 of !he city's opet•ations, eithe�� by r�istat�ce or strucirrrally (e.g., a feitce). La gddition, it nttrst be ope�t �to n:ore 1ha» severi t�lor�ths af the yea�• ar its crve�•age recei�ts fo�� an}� six titonths of the precedirtg year were �701 ntore tltan 1!3 of its avet•age receipls fof• the othe�� six motrtlas of the yem•. 5