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ORANGE COUNTY <br />BOARD of COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date; March 15, 2011 <br />Action Agenda <br />Item No. <br />SUBJECT: Sheriffs Department Workweek and Pa <br />DEPARTMENT: Human Resources PUBLIC HEARING: ~Y1N~ No <br />ATTACHMENT~S~: INFORMATION CONTACT: <br />Frank Clifton, County Manager, <br />245-2306 <br />Lindy Pendergrass, Sheriff, 245-2900 <br />Michael McGinnis, HR Director, <br />245-2552 <br />Annette Moore, Staff Attorney, 245-2311 <br />Katherine Cathey, Grganizational <br />Development Manager 245-2553 <br />PURPOSE: To authorize workweek changes implemented to correctly record hours worked <br />and pay for Sheriff's Department employees. <br />BACKGROUND: In September 2009, staff became aware of recording issues in the way <br />MUNIS the County's computer software} was calculating employees' salaries for deputies in <br />the Sheriff's Department. Deputies were earning correct annual salaries, but their base pay <br />hours were recorded incorrectly. An independent audit of employees' time was conducted by <br />RSM McGladrey, Inc. to ensure that the deputies had been paid correctly and to review <br />recording practices to ensure that they were consistent with the Fair Labor Standards Act <br />~"ELBA"} and other applicable federal and state laws as well as the Grange County Personnel <br />Grdinance. <br />The FLSA sets the maximum number of hours an employee subject to the FLSA may work <br />before becoming subject to overtime compensation. Typically employees receive overtime <br />when they actually work more than 40 hours in a seven day period. However, special rules <br />apply for public safety employees. The FLSA allows a public entity to establish a higher <br />maximum number of hours worked before overtime is earned; this is often referred to as the "7k <br />exemption." For a law enforcement officer, an employer may establish a work period of up to <br />28 days and is not required to pay overtime for that period until an employee works mare than <br />171 hours. Shorter time periods can be established such as 43 hours in a 7 day period, or 86 <br />hours in a 14 day period. Regardless of which time period is used, once the maximum number <br />of hours has been reached the employee is compensated with either time off or pay at the <br />premium rate. <br />~9 U.s.c. § Zo~~~} <br />