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HomeMy WebLinkAbout2021-12Ordinance 2021-12 Ordinance Amending the Personnel Policy Concerning Work Periods WHEREAS, an update to the Personnel Policy was found necessary to integrate the use of the Department of Labor's criteria for determining the exempt status of positions thereby determining the work period for some employees; NOW, THEREFORE be it ORDAINED by the Town Council of the Town of Pulaski, Virginia sitting in regular session this 20th day of April, 2021, that Section 5 "Compensation Plan", Subsection L "Work Periods" of the Town's personnel manual, is hereby amended as highlighted in Attachment A -Ordinance 2021-12 affixed hereto and made part of this ordinance as if set forth herein. This ordinance is effective upon adoption and is hereby adopted this 20th day of April 2021 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: Lane R. Penn Brooks R. Dawson Gregory C. East ATTEST: David N. Quesenberry Clerk of Council -Aye James A. Radcliffe -Aye -Aye G. Tyler Clontz -Aye -Aye Michael P. Reis -Aye THE TOWN OF PULASKI, VIRGINIA B -C-' Y. ' W. Shannon Collins Mayor Attachment A -Ordinance 2021-12 Section 5: Compensation Plan Non -Public SafetLAll non-public safety personnel shall be scheduled on a seven-day calendar workweek from Monday through Sunday. While general Town operations operate on a Monday to Friday basis, the Town may schedule employees on any day and during any time period based on services required . Overtime pay will be paid to Non -Exempt employees working greater than 40 hours in a given work period. For purposes of calculating overtime hours, only vacation leave, holiday leave and compensatory leave will be counted as time worked. The Department of Labor's regulations applicable to the Fair Labor Standards Act establish certain tests to determine whether a position is exempt from the Act's minimum wage and overtime requirements. based on salary and job duties. The tests that define exempt classes of executive, administrative. professional and computer employees will be used to determine which positions within the Town are exempt from the wage and overtime provisions of the Fair Labor Standards Act because they are executives, administrative. professional or computer employees M On -Call Pay Purpose: To provide guidelines to employees and supervisors to determine when on-call should not be counted as time worked. Time Not Worked: If an employee is on-call and can be contacted by phone, cell -phone, pager, or other by means, and their status does not require them to be confined to their home or any particular place or if the status does not substantially impact their ability to perform desired activities, their time on- call will not constitute as time worked. It is the intent of the Town to structure on-call status in this fashion. Time Actually Worked: If an employee is called into work, they will be compensated based on their current wage for a minimum of two hours, or initiating at the time the employee begins traveling to the work assignment and terminating when they are relieved of duty, whichever is greater. 5-6 Revised 09-04-06