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10-21-85-Resolution-Establishing Work Schedules-10/21/1985CITY OF SANGER, TEXAS RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, ESTABLISHING A WORK PERIOD AND A PAY PERIOD FOR ALL EMPLOYEES, ESTABLISHING A TIME -OFF PLAN FOR CERTAIN EMPLOYEES; DECLARING CERTAIN EMPLOYEES AS BEING COVERED NON-EXEMPT EMPLOYEES, COVERED BUT EXEMPT EMPLOYEES, AND NON -COVERED EMPLOYEES/OFFICIALS; PROVIDING FOR BACKPAY FOR OVERTIME; REQUIRING TIME RECORDS; COVERING FUTURE EMPLOYEES; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in consideration of the recent ruling of the United States Supreme Court in mid -February, 1985, in Garcia v. San Antonio Metropolitan Transit Authority in which the court declared that the federal minimum wage and overtime laws could constitutionally be applied to state and local govern- ments; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: That in compliance with the Fair Labor Standards Act (FLSA) as recently interpreted by the U. S. Supreme Court, the following is hereby declared to be the official policy of the City of Sanger, Texas: A. WORK PERIOD (1) All Employees Except Police Officers The work period for all employees, except the police officers, shall consist of a total of 168 hours (7 days x 24 hours per day) to begin every Wednesday at 12:00 midnight to establish a work week of Thursday through Wednesday. Any covered non-exempt employee (except police officers) that works over forty (40) hours in said work period shall be paid overtime for all hours worked over forty (40). Said work period shall begin on October 24, 1985. page 1 of 7 C. (2) Police Officers The work period for all police officers is hereby established as 336 hours (14 days x 24 hours per day) to begin every other Wednesday at 12:00 mid- night to establish a work period of Thursday through the second following Wednesday as allowed by the special 7(k) partial overtime exemption of the FLSA. Any covered, non-exempt police officer that works over eighty-six (86) hours in said work period shall be paid overtime for all hours worked over eighty-six (86). Said work period shall begin on October 24, 1985. The pay period for all employees shall consist of four- teen (14) days and shall correspond to the employees completed work period(s). The employee's wages shall consist of pay, including any applicable overtime, for the preceding two (2) completed work periods for employees other than police officers and for the pre- ceding one (1) completed work period for the police officers. The payday for such pay period shall be the Friday after the completed pay period. Said pay period shall begin on October 24, 1985, and run through November 6, 1985, with said payday for such pay period being November 8, 1985. TIME -OFF PLAN Covered, non-exempt employees may participate in a time - off plan in lieu of receiving monetary compensation for overtime subject to the following rules: (1) Time -off must be given to the employee at the one and one-half (l ) rate. For example, working four (4) hours overtime would credit the employee with six (6) hours time -off; and (2) All time -off must be taken in the same pay period in which it was credited. Time -off credits cannot be saved, accrued or carried over from pay period to pay period. The employee must be paid for any time -off credits not taken. page 2 of 7 E. F. COVERED, NON-EXEMPT EMPLOYEES The following employees are covered under the FLSA and are not exempted. For all overtime hours worked in one (1) work period, the covered, non-exempt employees shall receive overtime pay. See Attachment A for list employees. COVERED, BUT EXEMPT EMPLOYEES of covered, non-exempt The following employees are exempted from the overtime and minimum wage provisions of the FLSA. See Attachment employees. B for list of covered, but exempt NON -COVERED EMPLOYEES/OFFICIALS The following employees/officials are not covered by the provisions of FLSA and are therefore not required to be paid overtime or minimum wage. See Attachment C for es. mployees/official G. BACKPAY FOR OVERTIME the list of non -covered (1) All covered, non-exempt employees shall receive backpay for all overtime hours worked, retroactive to April 15, 1985, as required by the U. S. Department of Labor. The city secretary is hereby directed to research and calculate any and all such applicable overtime for all covered, non-exempt employees and to issue such overtime wages from April 15, 1985, to October 23, 1985, to said employee(s) by special and separate check on November 22, 1985, Any applicable overtime accrued after October 23, 1985, shall be due and payable on the regular pay period as set forth in this resolu- tion. page 3 of 7 H. (2) Backpay for overtime calculated back to J date the city only enforcement officers received the special for police officers shall be zly 27, 1985, as before such had four (4) bona fide law and therefore would have exemption for small police departments of less than five (5) bona fide law enforcement officers. However, the city secretary shall research the time records for the period from April 15, 1985, to July 26, 1985, to ensure that all of the police officers were paid at least the minimum wage for every hour worked. (3) If a settlement is reached, the employee shall sign an affidavit stating that they feel they have been fairly and equitably compensated for all applicable backpay. Such affidavit shall include a statement certifying that the employee has reached such settlement on his/her own free will and that no duress or harassment has been used. TIME RECORDS All employees shall be required to keep an accurate record of their time on a form prescribed by the city. I. FUTURE EMPLOYEES All future employees will be compensated in accordance with the Fair Labor Standards Act. At the time of hiring, the city shall specify the rate and method of compensation. J. EFFECTIVE DATE The Fair Labor Standards Act shall become the official policy of the city upon passage of this resolution by the city council. The work periods, pay periods and backpay compensation shall begin on the dates as set forth previously. PASSED, APPROVED AND ADOPTED this the , 1985. ATTEST: Irisecretary PE Mayor ge 4 of 7 ATTACHMENT A COVERED, NON-EXEMPT EMPLOYEES Administration Department Administrative Secretary 0. E. Stogsdill Billing Clerk R. Shuffield Receptionist (Cashier -Clerk) Be J. Davis Receptionist (Cashier -Clerk) W. L. Lester Electricity Department Foreman D. C. Howard Lineman J. R. Sales Lineman M. Howard Police Department Sergeant P. A. Earhart Police Officer R. J. Parker Police Officer M. D. Riley Police Officer C. Amyx Water and Sewer Department Employee #1 T. J. Sweatman, Employee #2 J. P. Haskins Employee #3 R. Turner Employee #4 Be W. Owen Employee #5 R. A. Skipworth Other Landfill V. Burns B. Ford Attendant Landfill Attendant Jr. page 5 of 7 ATTACHMENT B COVERED, BUT EXEMPT EMPLOYEES City Manager City Secretary Chief of Police Director of Electric Utilities Public Works Director S. K. Shutt M. J. Stover B. C. Erwin D. Waddell J. D. Linn page 6 of 7 CITY w ._TA sTCHVENT C ORIGINAL COP NON -COVERED EMPLOYEES/OFFICIALS Mayor Councilmembers Municipal Court Judge City Health Inspector Fire Chief Fire Marshal Volunteer Fire Fighters Contract Janitor Contract Equipment Operator Contract Street Maintenance page 7 of 7