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v�//� O i O � " TAGUE oF �-I�INNESOTA �ITIES � CONNECTING & INN4VATING s�NCF ��3 HUMAN RESOURCES & BENEFITS INFORMATION FAIR LABOR STANDARDS ACT (FLSA) DETERMINING EXEMPT VS. NON-EXEMPT STATUS The Fair Labor Standards Act (29 U.S.C.A. §201-219) requires, among other things, that cities compensate covered employees at the rate of time and one-half for hours worked over 40 in one workweek. This Fact Sheet discusses which employees are covered (non-exempt) employees and which are not covered (exempt) employees. Cities should be aware that Police and Fire Department employees have some unique exemptions. See An Overview of the Fair Labor Standards Act (FLSA) and Police and Fire Emplovees and the Fair Labor Standards Act (FLSA) for more information on the FLSA. All cities are covered by the FLSA, but some employees are "exempt" from the overtime provisions of the act. To be "exempt," employees must meet 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 workweek; exempt employees do not earn overtime. Being "salaried" does not mean the same thing as being "exempt." With a few exceptions (e.g., doctors, lawyers), any employee who does not earn $455/week will be considered non-exempt. Duties Test There are generally four types of exemptions used by cities. Employees must meet the criteria outlined 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 employees must: • Be paid at least $455 per week on a salary basis; Have the primary duty of "managing" the enterprise (e.g., the city) or a customarily recognized "department or subdivision" of the city; Regularly supervise two or more employees (at least 80 hours worth of employee work per week); and Have the authority to hire or fire other employees ar have their recommendations on hiring/firing, advancement, promotion or other change of status decisions be given "particular weight." "Managing" includes: spending approximately 50% of work time on management activities like interviewing, selecting and training employees; setting and adjusting employee rates of pay and hours of work; directing employee work; evaluating employee performance; handling employee � l45 UI�IVERS[TY AVE. WEST vHONe: (651) 281-1200 Fnx: (651) 2$1-1299 ST. PAUL, MN SS1Q3-2044 TOLC FREE: �HOO) �JZS-�IiZ WEB: WWW.LMC.pRG