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l3 <br />Orange County Personnel Rules and Regulations Manual Issue Date: / _, 20 <br />performance of work in the same capacity. The hours worked in a substituting <br />capacity shall be excluded from the calculation of hours for which the substituting <br />employee is entitled to overtime compensation under this policy. <br />N. Fluctuating Workweek - A salaried non-exempt employee whose hours worked in a <br />workweek vary from week to week, may be paid pursuant to an understanding that <br />the employee will receive a fixed amount as straight time pay for whatever hours the <br />employee are called upon to work in a workweek. The employee will be compensated <br />for all hours worked over 40 in a workweek at a rate not less than one-half their <br />regular hourly rate of pay. To use the alternative method of calculation for overtime <br />pay all of the following conditions must be met. <br />1. An employee's hours must fluctuate from week to week; <br />2. The employee must receive a fixed weekly salary that remains the same <br />regardless of the number of hours that the employee works during the <br />week; <br />3. The fixed amount must be sufficient to provide compensation at a regular <br />rate not less than the legal minimum wage; <br />4. The employer and the employee must have a clear, mutual understanding <br />that the employer will pay the employee the fixed weekly salary regardless <br />of the hours worked; and <br />5. The employee must receive a fifty percent overtime premium in addition <br />to the fixed weekly salary for all hours that the employee works in excess <br />of forty during that week. <br />This Section of the Rules and Regulations will become effective upon signing of this document. <br />Adopted this the day of January, 2008 <br />County Manager <br />Page 7 <br />