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

Maricopa County — Formal (2019-08-21)

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Maricopa County Internal Policy Number: B7011
Policy Title: Hours Worked for Issue Date: 04/2011
Exempt Employees
Policy Category: Employee Initiating Department: Revision Date: n/a
Compensation Management and Budget
Reviewed by: Brian Hushek Approved by: Andy Kunasek Revision: n/a
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. PurposePURPOSE
The purpose of this policy is to outline the requirements for County employees who are exempt
from or not covered by the overtime provisions ofcontained in the Fair Labor Standards Act (FLSA)
and related state wage laws to account for and record at least the standard hours for which they
are paidwere hired to work (including paid leave time, if applicable) during each pay period. This
policy is pursuant to the Maricopa County Employee Compensation Plan and is in compliance with
applicable federal and state wage laws.
II. AUTHORITYAuthority and Responsibilities
Employee CompensationThis Policy is authorized by the Board of Supervisors pursuant to A.R.S.
§ 11-251. is responsible for administering this policy. Appointing Authorities and other supervisorsy
personnel are responsible for ensuring compliance with this policy. Violation of County provisions
and policies may be subject to disciplinary action up to and including termination. Departments are
required to follow this policy and to direct any questions to Employee Compensation.
III. APPLICATION
ApplicabiliThis 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)This policy applies to all
Maricopa County elected offices and appointed departments as well as Sspecial Ddistricts that follow
Maricopa County’s compensation plan, policies, and procedures. 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. This includes all full and part-time initial probationary, appointed,
contract, classified, unclassified, and temporary employees who are exempt from or not covered by
the provisions of the FLSA. This policy does not apply to an appointed employees (see definition below)
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Maricopa County Internal Policy Number: B7011
Policy Title: Hours Worked for Issue Date: 04/2011
Exempt Employees
Policy Category: Employee Initiating Department: Revision Date: n/a
Compensation Management and Budget
Policy Title: Policy Number: HR2472
HOURS WORKED FOR EXEMPT EMPLOYEES
Current Adoption Date: 08-21-2019
who isare not entitled to or eligible for paid leave. Volunteers and independent contractors are not
County employees and are not subject to the provisions of this policy.
IV. DEFINITIONSDefinitions
A. Appointed Employee: The statutory chief deputies of the Assessor, Clerk of Superior Court,
County Attorney, Recorder, Sheriff, Superintendent of Schools, and Treasurer, and any other
employee so designated by the Board. Appointed employees are unclassified.
B.A. Exempt Employee: An employee who is exempt from overtime pay based on duties
performed and compensation as established by the FLSAmeets any applicable exemption
contained in Section 7 and 13 of the FLSA and its interpretive regulations. Employees who are
designated as exempt are not eligible for overtime pay.
B. Fair Labor Standards Act (FLSA): The federal law that, for purposes of this policy, establishes
minimum wage, overtime pay eligibility, recordkeeping, and child labor standardsrequirements for
tracking of employees’ hours worked for purposes of pay for full-time and part-time workers.
C. Hours Worked: All time during which employees are requiredare or 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). Most Maricopa County employees are covered by the
FLSA; exceptions include, but may not be limited to, Elected Officials and their personal staff,
policy making appointees, and legal advisors, volunteers, independent contractors, and
prisoners. Some employees who are otherwise covered by certain provisions of the FLSA may
still be exempt from its overtime requirements.
D. Hours Worked: All time during which an exempt employee is actually working.
V. Independent Contractor: A person who contracts with the Board to provide specialized
or requested services on a project or as-needed basis. Workers hired pursuant to Maricopa
County’s Independent Contractors Policy (HR2411) are not employees of the County; hiring
departments must conform with the prevailing IRS definition of an independent contractor as of
the date that the working relationship commences.
A.D. Leave Time: Paid or unpaid leave time as defined in HR2415 County’s Employee Leave
lan (e.g., vacation, sick leave, bereavement leave, civic duty leave, witness leave, crime victim
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Maricopa County Internal Policy Number: B7011
Policy Title: Hours Worked for Issue Date: 04/2011
Exempt Employees
Policy Category: Employee Initiating Department: Revision Date: n/a
Compensation Management and Budget
Policy Title: Policy Number: HR2472
HOURS WORKED FOR EXEMPT EMPLOYEES
Current Adoption Date: 08-21-2019
leave, military leave, administrative leave, holiday, floating personal day, and leaves without
pay).
B.E. Not Covered Employee: An unclassified employee who is not covered by the FLSA
(e.g., volunteers, independent contractors, prisoners, elected officials, and 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.
C. Pay Period: A fixed period of 14 consecutive 24 hour days (total of 336 hours) that begins on
Monday at 12:01 am and ends on Sunday at midnight two weeks later.
D.
E. Volunteer: A person who performs hours of service for civic, charitable, or humanitarian reasons
without promise, expectation, or receipt of compensation for services rendered. For purposes of this
policy, a County employee who donates time to a County department to perform work that is not
similar or related to the work performed in his/her regular position without any promise or
expectation of compensation is a volunteer.
F. Work Schedule: An established schedule of hours normal workhours set by an Appointing
Authoritythat are regularly worked by an employee. Appointing Authorities have discretion to determine
the appropriate work schedule of an exempt employee.
G. Workweek: A fixed period of 7 consecutive 24 hour days (total of 168 hours) that, for most Maricopa
County exempt employees, begins on Monday at 12:01 am and ends on Sunday at midnight.
VI.V. General ProvisionsPOLICY
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 and are not subject to the FLSA’s overtime requirements ..,
and Maricopa County does not provide additional pay for those hours to an exempt or not covered
employees when he/she works beyond his/her normal work schedule hours, or when he/she
works or records more than 40 hours in a workweek.
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Maricopa County Internal Policy Number: B7011
Policy Title: Hours Worked for Issue Date: 04/2011
Exempt Employees
Policy Category: Employee Initiating Department: Revision Date: n/a
Compensation Management and Budget
Policy Title: Policy Number: HR2472
HOURS WORKED FOR EXEMPT EMPLOYEES
Current Adoption Date: 08-21-2019
B. Accountability Requirements for Exempt and Not Covered Employees
Maricopa County is a public employer who provides paid leave and haswith a compensation
system that includes paid leave. In addition, its compensation system is based on principles of
public accountability. Exempt employees and those not covered by the FLSA employees who
are eligible for paid leave will not be paid for hours they do not work or use paid leave. Maricopa
County requires aAll exempt and not covered employees must toaccount for and record in the
County’s timekeeping system at least the hours for which they are paid by either working or
using leave.
and rRecord at least the standard hours for which they are paidwere hired to work (including
paid leave time, if applicable) during each pay period (for full-time employees that would be
80 hours or; typically oan average of 40 hours per week).
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.However, under the direction of Appointing Authorities,
accountable hours may be managed over the duration of the pay period when an excessive
amount of time over normal work hours occurs.
Exempt or not covered employees who are eligible for paid leave will not be paid for hours they
do not work or use paid leave within a pay period.
An eExempt, or not covered employees, or their supervisors who intentionally misrepresents or
fails to account for and record thehis/her hours for which the employeeshe/she arewas hired to
workpaid may be, violates this policy and may be subject to disciplinary action, up to and
including termination. A supervisor who knowingly permits an exempt or not covered employee
to intentionally misrepresent or fail to account for his/her hours for which he/she was hired to
work, violates this policy and may be subject to disciplinary action, up to and including
termination.
C. Reduction in Pay
If an exempt or not covered employees who areis entitled to or eligible for paid leave does 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 Leavework, account for, or record at least the standard
hours for which he/she was hired to work (including paid leave time, if applicable) during a pay
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Maricopa County Internal Policy Number: B7011
Policy Title: Hours Worked for Issue Date: 04/2011
Exempt Employees
Policy Category: Employee Initiating Department: Revision Date: n/a
Compensation Management and Budget
Policy Title: Policy Number: HR2472
HOURS WORKED FOR EXEMPT EMPLOYEES
Current Adoption Date: 08-21-2019
period, theirhis/her pay may be reduced commensurate byto the number of hours less than the
standard hours for a pay period theyhe/she failed to work or record use leave (for full-time
employees that would be anything less than 80 hours). In order to reduce an theseexempt or
not covered employee’s paywhen or to place themhim/her on leave without pay, his/her the
failure to use leave time to cover anthe absences ismust be due to one of the following
circumstancesbecause the employees:
1. The employee chooses not to use leave time
2.1. Exhaust all paid The employee’s leave
3.2. timeThe employee fFailed to seek approval to use leave according to departmental
policy
4.3. permission to use leave timeThe employee sSeekought approval for leavepermission
and the permission wasare denied;.
If an exempt or not covered employee isn’t entitled to or eligible for paid leave, his/her pay can
be reduced or he/she can be placed on leave without pay only for absences of a full day.
This policy excludes time an exempt or not covered employee is in a nonpaid status due to an
approved furlough. (See HR2403 Reduction in Force and Furloughs Policy and Policy on Use of
Employee Furloughs for Budget Balancing – approved 05/06/2009.)
D. Managing Hours Worked
Appointing Authorities and other supervisorsy personnel are responsible for establishing and
communicating a work schedules, and for each exempt and not covered employees,
communicating themthat schedules to the employee, and approving any changes to them in
advance any change to an existing work schedule.
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 regardless of the location where these activities occur. 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. Departments or employees who have questions
about the recordability of work time for exempt and not covered employees must contact
Employee Compensation. See HR2471 B7006 Hours Worked and Overtime..
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