HOURS WORKED FOR EXEMPT EMPLOYEES POLICY (HR2472) 08-21-2019.PDF

MARICOPA COUNTY INTERNAL POLICY
Policy Title: Policy Number: HR2472
HOURS WORKED FOR EXEMPT Current Adoption Date: 08-21-2019
EMPLOYEES Current Implementation Date: 08-21-2019
Approved by: Board Agenda Number: C-49-11-054-6-01
BOARD OF SUPERVISORS
Original Adoption Date: 04/27/2011
I. PURPOSE
To outline the requirements for employees who are exempt from or not covered by the overtime
provisions of the Fair Labor Standards Act (FLSA) to account for and record the hours for which
they are paid.
II. AUTHORITY
This Policy is authorized by the Board of Supervisors pursuant to A.R.S. § 11-251.
III. APPLICATION
This Policy applies to all employees who are exempt from or not covered by the provisions of the FLSA
in Maricopa County appointed departments as well as the Flood Control District of Maricopa County
and the Maricopa County Library District (Special Districts). The Board of Supervisors is authorized to
jointly adopt policies applying to the Special Districts under the Intergovernmental Agreement, C-06-
18-393-6-00, approved on April 11, 2018. This Policy does not apply to exempt employees who do not
earn paid leave or who are involved in a furlough.
This Policy also applies to County elected offices unless the elected official has implemented a similar
policy specific to his or her office.
IV. DEFINITIONS
A. Exempt Employee: An employee who is exempt from overtime pay based on duties performed
and compensation as established by the FLSA.
B. Fair Labor Standards Act (FLSA): The federal law that establishes minimum wage, overtime pay
eligibility, recordkeeping, and child labor standards.
C. Hours Worked: All time during which employees are permitted to work that does not include
paid or unpaid leave (e.g., vacation time, sick leave, bereavement leave, civic duty leave,
witness leave, crime victim leave, military leave, administrative leave, holiday, floating personal
day, and leaves without pay).
D. Leave: Paid or unpaid leave as defined in HR2415 Employee Leave (e.g., vacation, sick leave,
bereavement, civic duty leave, witness leave, crime victim leave, military leave, administrative
leave, holiday, floating personal day, and leaves without pay).
E. Not Covered Employee: An employee who is not covered by the FLSA (e.g., elected officials’
personal staff, policy making appointees, and legal advisors). For purposes of this Policy, this
has no tie to those not covered by a merit system.
Page 1 of 3

Policy Title: Policy Number: HR2472
HOURS WORKED FOR EXEMPT EMPLOYEES
Current Adoption Date: 08-21-2019
V. POLICY
A. No Overtime Compensation for Exempt and Not Covered Employees
Exempt and not covered employees may frequently work beyond their normal work hours or 40
hours per week and shall not receive additional pay for those hours.
B. Accountability Requirements for Exempt and Not Covered Employees
Maricopa County is a public employer who provides paid leave and has a compensation system
based on principles of public accountability. Exempt employees and those not covered by the
FLSA who are eligible for paid leave will not be paid for hours they do not work or use paid
leave. All exempt and not covered employees must account for and record in the County’s
timekeeping system at least the hours for which they are paid by either working or using leave.
In general, full-time exempt and not covered employees are expected to work or account for at
least 40 hours per week, or for those on an alternative work schedule, their normal scheduled
hours for that week. An exception may be granted by an Appointing Authority when an employee
works an excessive amount of time over his or her normal work hours in which the employee’s
accountable hours may be managed over the duration of the pay period. This is neither a right
nor a guarantee for the employee.
Exempt, not covered employees, or their supervisors who misrepresent or fail to account for
and record the hours for which the employees are paid may be subject to disciplinary action, up
to and including termination.
C. Reduction in Pay
If exempt or not covered employees who are eligible for paid leave do not account for and record
at least the hours for which they are paid by either working or using leave in accordance with
HR2415 Employee Leave, their pay may be reduced by the number of hours they failed to work
or use leave when the failure to use leave to cover absences is because the employees:
1. Exhaust all paid leave
2. Fail to seek approval to use leave according to departmental policy
3. Seek approval for leave and are denied
D. Managing Hours Worked
Appointing Authorities and supervisors are responsible for establishing and communicating
work schedules, and approving any changes to them in advance.
E. Recordable Work Time
Generally, activities that are compensable work time when performed by non-exempt
employees also constitute as work time for exempt and not covered employees, and should be
recorded as hours worked. Conversely, activities that are non-compensable work time when
performed by non-exempt employees generally also constitute as non-compensable work for
exempt and not covered employees, and should not be recorded as hours worked. See HR2471
Hours Worked and Overtime.
Page 2 of 3

Policy Title: Policy Number: HR2472
HOURS WORKED FOR EXEMPT EMPLOYEES
Current Adoption Date: 08-21-2019
F. Eligibility for FLSA Exemption
Eligibility for FLSA exempt status is primarily based on the compensation method, duties, and
type of responsibilities for each individual position/employee. Human Resources determines the
exempt status for each position/employee, according to the provisions outlined in the FLSA.
Departments are responsible for monitoring the duties of each employee and must notify Human
Resources when an employee’s duties, responsibilities or compensation change. Human
Resources will reevaluate the exemption from overtime status of any employee/position after a
change, and, as warranted, will revise or maintain such status. Departments or employees who
have questions, or feel the overtime eligibility of an employee/position is incorrect, should
contact Human Resources immediately.
G. Record Keeping
In addition to the records required for payroll purposes, departments must maintain for three (3)
years a record of each exempt or not covered employee's regular work schedule in the Human
Resources Information System of record.
H. Concerns about Reductions in Pay
Employees who believe an improper deduction or error to their salary occurred must
immediately report it to their human resources liaison or Human Resources. Reports of improper
deductions will be promptly investigated and resolved if an error occurred. If an administrative
error occurs and an employee is overcompensated, the employee shall work with Central
Payroll on a plan to reimburse the overpayment.
Revision History
Version Revision Date Description of Revision
1 04-27-2011 Initial version (C-49-11-054-6-00)
Renumbered the policy and updated definitions, policy format, and language to remove
2 08-21-2019
outdated wording (C-49-11-054-6-01)
Page 3 of 3