HomeMy WebLinkAboutReso 53-1991RESOLUTION N0._5~3~9~
CiTY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION TO ESTABLISH FORMALLY
ADMINISTRATIVE POLICY OF THE CITY
REGARDING EMPLOYEES EXEMPT FROM THE
OVERTIME PROVISIONS OF THE FAIR LABOR
STANDARDS ACT
WHEREAS, it is and at all times has been the administrative practice of
City officials and the intent of the City Council that all relevant applicable
provision~ of the Fair Labor Standards Act (FLSA) be followed by City
officialsi and apply to employees; and
WHEREAS, the City Council believes that noncompliance with FLSA
regulations, if any, was not the result of any ordinance, resolution or
written C~ty policy, but was inadvertent, in good faith and was the result of
lack of khowledge or uncertainty about the controlling law, or uncertainty as
to the interpretation of the law by the Department of Labor, or confusion as
to the particular applicability of certain Federal regulations to municipal
governmen~ employees, and was not due to any intentional noncompliance with
the FLSA;i and
WHEIREAS, it is the desire and intent of the City Council that the City
establishi formally and expressly state its policy of full compliance with the
requiremeints of the FLSA and the applicable regulations promulgated thereunder
regarding employees exempt from overtime compensation;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South
San Francisco that:
1. There shall be no deductions from the salary of any employee
holding a job classification that the City has declared exempt from the Fair
Labor Standards Act overtime requirements for any period of absence that is
less than the employee's regular work day; provided however, that the City
Manager iis directed to meet and confer with employee representatives of exempt
employees to provide for a negative balance policy to monitor time
management.
, 2. The City Manager is authorized and directed to undertake a
study toiconfirm that employees currently designated as exempt continue to
satisfy the eligibility requirements associated with this designation pursuant
to FLSA.
3. The City Manager is authorized and directed to undertake a
study to!identify any and all employees, past and present, who are exempt from
the FairlLabor Standards Act overtime requirements whose pay may have been
inadvertently docked since April 15, 1986, and to reinstate those exempt
employees who were docked, if any, in compliance with this statement of
policy.
~ This direction does not constitute an admission of any liability
or wrong,doing but is intended to recognize intent to comply with regulations
under the Fair Labor Standards Act.
4. This resolution shall be effective April 15, 1986, nunc pro tunc,
and shall continue into the future.
I hereby certify that the foregoing Resolution was regularly introduced and
adopted b~ the City Council of the City of South San Francisco at a regular
meeting hield on the 22nd day of May , 1991 by the following
vote:
AYES:
NOES;
ABSTAIN:
ABSENT:
Councilmembers Richard A. Haffev, Gus Nicolopulos, John R. Penna,
Roberta Cerri Tealia, and Mayor Jack Draqo
None
None
None
City Clerk