Common use of FLSA Status Change Clause in Contracts

FLSA Status Change. Below summarizes how compensatory time and executive leave are handled when there is an FLSA status change between the employee’s base position and the special duty assignment: FLSA Change FLSA Non-Exempt Base Position to FLSA Exempt Special Duty FLSA Exempt Base Position to FLSA Non-Exempt Special Duty Compensatory Leave Accrued compensatory leave cannot be used when in a FLSA exempt special duty. Any accrued compensatory time will be cashed out prior to starting a special duty assignment that is FLSA exempt. The employee is eligible to earn compensatory time in lieu of overtime pay while in the FLSA non-exempt special duty assignment pursuant to the terms of the Appendix covering the Special Duty position. Prior to ending the FLSA non-exempt special duty assignment, the employee must be paid for any unused compensatory time before returning to the FLSA exempt base position. Payment for the compensatory time will be paid using the special duty pay rate. Executive Leave Employees are eligible for executive leave while in a FLSA exempt special duty assignment expected to last at least six months. The Executive Leave award is in accordance with the terms of the Appendix. The employee must use the executive leave by the end of the year it is awarded and before returning to the non-exempt base position. Executive leave cannot be cashed out or carried over to the next calendar year. The employee must use accrued executive leave while in the special duty assignment and by December 31 of the year in which it is awarded. Executive leave cannot be cashed out or carried over the next calendar year.

FLSA Status Change. Below summarizes how compensatory time and executive leave are handled when there is an FLSA status change between the employee’s base position and the special duty assignment: FLSA Change FLSA Non-Exempt Base Position to FLSA Exempt Special Duty FLSA Exempt Base Position to FLSA Non-Exempt Special Duty Compensatory Leave Accrued compensatory leave cannot be used when in a FLSA exempt special duty. Any accrued compensatory time will be cashed out prior to starting a special duty assignment that is FLSA exempt. The employee is eligible to earn compensatory time in lieu of overtime pay while in the FLSA non-exempt special duty assignment pursuant to the terms of the Appendix covering the Special Duty positionassignment. Prior to ending the FLSA non-exempt special duty assignment, the employee must be paid for any unused compensatory time before returning to the FLSA exempt base position. Payment for the compensatory time will be paid using the special duty pay rate. Executive Leave Employees are The employee may be eligible for executive leave while in a FLSA exempt special duty assignment expected to last at least six months. The Executive Leave award is in accordance with the terms of the Appendix. The employee must use the executive leave by the end of the year it is awarded and before returning to the non-exempt base position. Executive leave cannot be cashed out or carried over to the next calendar yearout. The employee must use accrued executive leave while in the special duty assignment and by December 31 of the year in which it is awarded. Executive leave cannot be cashed out or carried over the next calendar yearout.

FLSA Status Change. Below summarizes how compensatory time and executive leave are handled when there is an FLSA status change between the employee’s base position and the special duty assignment: FLSA Change FLSA Non-Exempt Base Position to FLSA Exempt Special Duty FLSA Exempt Base Position to FLSA Non-Exempt Special Duty Compensatory Leave Accrued compensatory leave cannot be used when in a FLSA exempt special duty. Any accrued compensatory time will be cashed out prior to starting a special duty assignment that is FLSA exempt. The employee is eligible to earn compensatory time in lieu of overtime pay while in the FLSA non-exempt special duty assignment pursuant to the terms of the Appendix covering the special duty assignment that is FLSA exempt. Special Duty position. Prior to ending the FLSA non-exempt special duty assignment, the employee must be paid for any unused compensatory time before returning to the FLSA exempt base position. Payment for the compensatory time will be paid using the special duty pay rate. Executive Leave Employees are The employee may be eligible for executive leave while in a FLSA exempt special duty assignment expected to last at least six months. The Executive Leave award is in accordance with the terms of the Appendix. The employee must use the executive leave by the end of the year it is awarded and before returning to the non-exempt base position. Executive leave cannot be cashed out or carried over to the next calendar year. The employee must use accrued executive leave while in the special duty assignment and by December 31 of the year in which it is awarded. Executive leave cannot be cashed out or carried over the next calendar year.

FLSA Status Change. 2 Below summarizes how compensatory time and executive leave are handled when there is an 3 FLSA status change between the employee’s base position and the special duty assignment: FLSA Change FLSA Non-Exempt Base Position to FLSA Exempt Special Duty FLSA Exempt Base Position to FLSA Non-Exempt Special Duty Compensatory Leave Accrued compensatory leave cannot be used when in a FLSA exempt special duty. Any accrued compensatory time will be cashed out prior to starting a special duty assignment that is FLSA exempt. The employee is eligible to earn compensatory time in lieu of overtime pay while in the FLSA non-exempt special duty assignment pursuant to the terms of the Appendix covering the Special Duty positionassignment. Prior to ending the FLSA non-exempt special duty assignment, the employee must be paid for any unused compensatory time before returning to the FLSA exempt base position. Payment for the compensatory time will be paid using the special duty pay rate. Executive Leave Employees are The employee may be eligible for executive leave while in a FLSA exempt special duty assignment expected to last at least six months. The Executive Leave award is in accordance with the terms of the Appendix. The employee must use the executive leave by the end of the year it is awarded and before returning to the non-exempt base position. Executive leave cannot be cashed out or carried over to the next calendar yearout. The employee must use accrued executive leave while in the special duty assignment and by December 31 of the year in which it is awarded. Executive leave cannot be cashed out or carried over the next calendar year.out. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

FLSA Status Change. Below summarizes how compensatory time and 10 executive leave are handled when there is an FLSA status change between the employee’s base 11 position and the special duty assignment: FLSA Change FLSA Non-Exempt Base Position to FLSA Exempt Special Duty FLSA Exempt Base Position to FLSA Non-Exempt Special Duty Compensatory Leave Accrued compensatory leave cannot be used when in a FLSA exempt special duty. Any accrued compensatory time will be cashed out prior to starting a special duty assignment that is FLSA exempt. The employee is eligible to earn compensatory time in lieu of overtime pay while in the FLSA non-exempt special duty assignment pursuant to the terms of the Appendix covering the Special Duty positionassignment. Prior to ending the FLSA non-exempt special duty assignment, the employee must be paid for any unused compensatory time before returning to the FLSA exempt base position. Payment for the compensatory time will be paid using the special duty pay rate. Executive Leave Employees are The employee may be eligible for executive leave while in a FLSA exempt special duty assignment expected to last at least six monthsassignment. The Executive Leave award is employee must use accrued executive leave while in accordance with the terms of the Appendix. special duty assignment and by December 31 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 The employee must use the executive leave by the end of the year it is awarded and before returning to the non-exempt base position. Executive leave cannot be cashed out or carried over to the next calendar yearout. The employee must use accrued executive leave while in the special duty assignment and by December 31 of the year in which it is awarded. Executive leave cannot be cashed out or carried over the next calendar year.out. 3 4 5 6 7

FLSA Status Change. 4 Below summarizes how compensatory time and executive leave are handled when there is an 5 FLSA status change between the employee’s base position and the special duty assignment: FLSA Change FLSA Non-Exempt Base Position to FLSA Exempt Special Duty FLSA Exempt Base Position to FLSA Non-Exempt Special Duty Compensatory Leave Accrued compensatory leave cannot be used when in a FLSA exempt special duty. Any accrued compensatory time will be cashed out prior to starting a special duty assignment that is FLSA exempt. The employee is eligible to earn compensatory time in lieu of overtime pay while in the FLSA non-exempt special duty assignment pursuant to the terms of the Appendix covering the Special Duty positionassignment. Prior to ending the FLSA non-exempt special duty assignment, the employee must be paid for any unused compensatory time before returning to the FLSA exempt base position. Payment for the compensatory time will be paid using the special duty pay rate. Executive Leave Employees are The employee may be eligible for executive leave while in a FLSA exempt special duty assignment expected to last at least six months. The Executive Leave award is in accordance with the terms of the Appendix. The employee must use the executive leave by the end of the year it is awarded and before returning to the non-exempt base position. Executive leave cannot be cashed out or carried over to the next calendar yearout. The employee must use accrued executive leave while in the special duty assignment and by December 31 of the year in which it is awarded. Executive leave cannot be cashed out or carried over the next calendar year.out. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

FLSA Status Change. Below summarizes how compensatory time and 9 executive leave are handled when there is an FLSA status change between the employee’s base 10 position and the special duty assignment: FLSA Change FLSA Non-Exempt Base Position to FLSA Exempt Special Duty FLSA Exempt Base Position to FLSA Non-Exempt Special Duty Compensatory Leave Accrued compensatory leave cannot be used when in a FLSA exempt special duty. Any accrued compensatory time will be cashed out prior to starting a special duty assignment that is FLSA exempt. The employee is eligible to earn compensatory time in lieu of overtime pay while in the FLSA non-exempt special duty assignment pursuant to the terms of the Appendix covering the Special Duty positionassignment. Prior to ending the FLSA non-exempt special duty assignment, the employee must be paid for any unused compensatory time before returning to the FLSA exempt base position. Payment for the compensatory time will be paid using the special duty pay rate. Executive Leave Employees are The employee may be eligible for executive leave while in a FLSA exempt special duty assignment expected to last at least six monthsassignment. The Executive Leave award is employee must use accrued executive leave while in accordance with the terms special duty assignment and by December 31 of the Appendix. year in which 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The employee must use the executive leave by the end of the year it is awarded and before returning to the non-exempt base position. Executive leave cannot be cashed out or carried over to the next calendar yearout. The employee must use accrued executive leave while in the special duty assignment and by December 31 of the year in which it is awarded. Executive leave cannot be cashed out or carried over the next calendar year.out. 3 4 5 6