Loading...
CC Resolution 8120RESOLUTION N0. 8120 A RESOLUTION OF THE CAMPBELL CITY COUNCIL STATING THE CITY'S POLICY REGARDING DEDUCTIONS FROM SALARY OF EMPLOYEES EXEMPT FROM THE OVERTIME PROVISIONS OF THE FAIR LABOR STANDARDS ACT WHEREAS, it is and at all times has been the administrative practice of City officials and the intent of the City Council that all relevant applicable provisions of the Fair Labor Standards Act (FLSA) be followed by City officials; and WHEREAS, the City Council is satisfied that noncompliance with FLSA regulation 29 CFR Section 541.118 pertaining to the salary basis for exempt employees, if any, was not the result of any ordinance, resolution or written or unwritten City policy, but was inadvertent, in good faith and was the result of lack of knowledge or uncertainty about the controlling law or the interpretation of the law by the Department of Labor, or confusion as to the particular applicability of Section 541.118 to municipal government employees, and was not due to any intentional noncompliance with the FLSA; and WHEREAS, it is the desire and intent of the City Council that the City expressly state its existing policy of full compliance with the requirements of the FLSA and more specifically, the salary basis requirements under Section 541.118 regarding employees exempt from overtime compensation; NOW, THEREFORE, BE IT RESOLVED THAT: 1. There shall be no deductions from the salary of any employee holding a position that the City has declared exempt from the Fair Labor Standards Act overtime requirements for any period of absence that is less than the employee's regular work day. 2. This resolution shall be in effect from and after April 15, 1986. PASSED AND ADOPTED this 18th day of June, 1991 by the following roll call vote: AYES' Councilmembers' Ashworth, Watson, Conant, Burr NOES: Councilmembers: None ABSENT: Councilmembers: xotowski APPROVED: '~~~ ~~ . Donald R. Burr, Mayor Pro Tem ATTEST: Barbara 0lsasky, City Clerk