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