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Flex and Compensation Time Under the Federal Fair Labor Standards Act (FLSA) exempt employees are

not eligible to receive payment for hours worked in excess of 40 hours per work week. In addition, Federal and State laws do not require the employer to make overtime or compensatory time available to exempt employees. A true salaried, exempt employee is generally paid higher than over-time eligible employees. In exchange for the higher salary, exempt employees are often expected to and do work more than 40 hours per week without further recompense owed to them. Any compensatory time offered to exempt employees is not regulated by FLSA rules since the employer is not responsible for providing this benefit to exempt employees. Lindley Habilitation Services recognizes the FLSA rule on compensatory time for exempt employees. However, as a private for profit agency, LHS chooses to offer flex/comp time as an award for valued performance and hard work to those exempt employees who work more than 40 hours a week. An exempt employee is a full time administrative staff with the primary duty of office work. All administrative employees should be able to complete their work duties in a 40 hour work week. Nevertheless, there may be times when an administrative staff must work over 40 hours to complete needed assignments. In the case of a staff working over 40 hours in one week they will accrue comp time at time for time. The employee may not hold more than 20 hours of comp time at any one time. Any hours above 20 must be approved by the Assistant Vice President of the department. In addition, comp time must be taken within the accrual year. Furthermore, upon the annual evaluation, termination, or resignation, any unused comp time shall be lost and will not be cashed out. If an employee finds themselves regularly working over 40 hours a week due to workload, the employee should work with their supervisor and the agency to evaluate the workload and time management skills of the employee to determine if the workload is unreasonable or the employee would benefit from better organizational and time management skills.

Neil Ok with change but a higher # of comptime is fine with me too Wendy: After discussing this with Mya, she reminded me that we just made the change from time to 1:1 for Clinical in the first round of cuts as an extra b/c of the cuts. What if we: a) leave the 1 hour = 1 hour but still lower the amount or b) for Field Positions cut comp time out all together since we are giving them so much flexibility. Ok with 1:1 and ok with comptime at a lower level for field positions or to leave the same or higher Robert- Like 1:1ratio with 10 hours max accrual.

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