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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