DATE: December 6, 2016
TO: Board of Supervisors
SUBMITTED BY: Paul Nerland, Director of Human Resources
SUBJECT: Fair Labor Standards Act Designation Update
RECOMMENDED ACTION(S):
TITLE
1. Approve Amendment to the Salary Resolution revising the Fair Labor Standards Act designations for impacted County classifications effective December 5, 2016, reversing the action taken on November 15, 2016, as reflected on Appendix A.
2. Authorize the Director of Human Resources to administratively amend the Salary Resolution if the preliminary injunction issued by the United States District Court for the Eastern District of Texas is lifted and the United States Department of Labor's Final Rule is reinstated.
REPORT
Approval of the recommended action will revise the Fair Labor Standards Act (FLSA) designations for impacted County classifications from non-exempt to exempt (i.e. not subject to FLSA overtime), thereby reversing your Board's action taken on November 15, 2016 and authorizing the Director of Human Resources to amend the Salary Resolution as previously approved if the United States District Court for the Eastern District of Texas (Eastern District Court) preliminary injunction is lifted and the criteria remains unchanged.
ALTERNATIVE ACTION(S):
Should Recommended Action No. 1 not be approved, the current FLSA designations, approved on November 15, 2016, would remain for impacted County classifications as non-exempt, and therefore subject to overtime payment for all hours worked in excess of forty (40) in a workweek. This would be inconsistent with the preliminary injunction. If Recommended Action No. 2 is not approved and the Eastern District Court preliminary injunction is lifted there is a possibility that the County would be out of compliance with FLSA while waiting for another Board meeting to amend the Salary Resolution. If not approved, the Salary Resolution amendment would be retroactive and may require payroll adjustments.
FISCAL IMPACT:
Th...
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