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File #: 12-278    Version: 1 Name: FLSA Board Report March 2012
Type: Informational Report Status: Placed on File, End of Term
File created: 2/22/2012 In control: Personnel Committee
On agenda: Final action: 4/18/2016
Title: From the Director of Human Resources, an adopted resolution/ordinance amending Chapter 17.16(1)(b) of the Milwaukee County Code of General Ordinances regarding overtime compensation to make them consistent with the provisions of the Fair Labor Standards Act (FLSA). (Quarterly reports due.) (INFORMATIONAL ONLY UNLESS OTHERWISE DIRECTED BY THE COMMITTEE)
Attachments: 1. REPORT, 2. Audio PER 03/09/12, 3. END OF TERM MEMO 2012-2016
Related files: INF 11-147, INF 11-287, INF 11-496
Title
From the Director of Human Resources, an adopted resolution/ordinance amending Chapter 17.16(1)(b) of the Milwaukee County Code of General Ordinances regarding overtime compensation to make them consistent with the provisions of the Fair Labor Standards Act (FLSA). (Quarterly reports due.) (INFORMATIONAL ONLY UNLESS OTHERWISE DIRECTED BY THE COMMITTEE)

Body

Issue
Milwaukee County Code Section 17.16 governs overtime compensation for non-represented employees. As amended in November of 2009, the Code states that non-represented employees that are exempt from the requirements of the Fair Labor Standards Act (FLSA), other than ECP employees, shall be compensated for overtime for all hours worked in excess of forty hours in a week on a straight time basis and may only liquidate accrued overtime as compensatory time off. Accrued overtime for FLSA exempt staff will be paid out at termination. The Code requires the Director of Human Resources to provide the Personnel Committee with quarterly reports of all overtime paid to non-represented employees that are FLSA exempt.

Background
The FLSA is the federal regulation regarding minimum wage and overtime compensation. Employees of public agencies are subject to the FLSA. Employees are presumed to be covered by the FLSA, unless they meet certain specific conditions exempting them. The primary exemption that applies to County employees concerns executive, administrative, professional and some computer capacities.
In November of 2009, Milwaukee County amended Section 17.16(1)(b) of the County Code which governs overtime compensation for non-represented employees, as follows:
§ Nonexempt employees: Employees holding positions which are non-exempt from the FLSA
shall receive time and one-half for all hours worked over forty (40) hours per week.
§ Exempt employees: Employees holding a position exempt from the FLSA who are not in an executive classification shall be compensated for overtime for all hours wo...

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