08.01 - Police Sergeant - Laserfiche WebLink

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• How much supervision does the employee receive? How free is the employee to determine � how to spend her time? (The more independence and freedom, the more likely it is to be considered exempt.) • What 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 of nonexempt workers, this may harm the employee's chance of being considered exempt). Salary basis To be compensated on a salary basis, the employee: • Must receive a predetermined amount of pay each pay period; • Cannot be paid by the hour; • Cannot be subject to variations in pay based on quality or quantity of work; • Must receive the full salary for any week in which any work is performed. Deductions from the weekly salary can be made when: - The employee is absent for a day or more for personal reasons unrelated to illness or inj ury; - The employer imposes penalties for a major safety violation (e.g., suspension without paY)� - No work is performed in that week. According to the U.S. Department of Labor, public sector employers who have a personal leave and sick leave system that employees must use for partial day absences due to personal reasons or illness/injury can make deductions for these partial day absences when: �" Accrued leave is exhausted and the employee takes a partial (or full) day off; • The employee did not request paid leave or the paid leave was denied 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 ar full day of�. � Deductions from the pay of an exempt employee of a public agency for absences due to budget-required leave-without-pay programs shall not disqualify the employee from being paid "on a salary basis" except in the workweek in which the budget-required leave-without-pay occurs and for which the employee's pay is accordingly reduced. Special Exemptions The city may be subject to certain state law exemptions (listed below) if it meets this federal exemption: Employees working in separate seasonal amusement and recreational establishments are exempt from the federal wage and hour law if the establishment is physically separated from the rest of the ciry's operations, either by distance or structurally (e.g., a fence). In addition, it must be open no more than seven months of the year or its average receipts for any six months of the preceding year were not more than 1/3 of its average receipts for the other six months of the year. 5