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County exemptions rule out overtime pay E-mail
Saturday, 09 August 2008
Numerous county positions have been reclassified as “exempt,” which means the persons holding those positions are exempt from overtime regulations.
The Saline County Quorum Court approved an ordinance reclassifying the positions at a Monday night special meeting.
County attorney Jonathan Greer said he and personnel manager Christy Young were asked to consider including even more positions to classify, but those positions didn’t qualify under guidelines prescribed by the Fair Labor Standards Act.
Positions that are now classified as exempt include:
•Administrative assistant to the county judge, which is held by Joy Ballard; building maintenance supervisor of the county judge’s office, which is held by John Vance.
•Chief deputy-elections of the county clerk’s office positioned by Linda Montalvo.
•Chief Deputy Circuit Clerk Regan Kyzer and chief deputy recorder Ronda Depriest, both of the circuit clerk’s office.
•Chief Deputy Bill Field, Capt. Scotty Courtney, patrol Lt.-Commander Tim Dudderar, Criminal Investigation Division Lt. Mike Frost, jail Lt. Hugh Gentry, all of the sheriff’s office.
•Chief deputy collector Nancy Curtis of the county collector’s office.
•Chief deputy business/personnel and CAMA/real estate, which is held by Pam Winfield, GIS/flood plain coordinator Gary Ballard, both of the county assessor’s office.
•Chief clerk of Benton District Court, which is held by Cheryl Spade.
•Comptroller/administrative assistant of the Quorum Court, which is held by Marry Morrow.
    •Supervisor of Juvenile Court, which is held by Carol Childs.
    •Office manager/director victim witness of the prosecuting attorney’s office, which is held by Lori Standridge.
    Most of the positions reclassified fall under the executive exemption outlined by the FLSA. To qualify for the executive employee exemption, the employee had to:
    •Be compensated on a salary basis at a rate not less than $455 per week.
    •Be charged with managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise.
    •Customarily and regularly direct the work of at least two or more other full-time employees or their equivalent.
    •Have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight.
    The positions of administrative assistant to the county judge and Quorum Court administrative assistant fall under the personal staff exclusion, Greer said. Under that exclusion, employees must be selected by the elected official for whom they work, be under the direct supervision of the elected official and have regular contact with the elected official.
    While the reclassification may save the county from paying overtime, Young said the action was taken to allow the employees to conduct their work more efficiently. “I know for me, being in an exempt position allows me to finish my job and not have to run out of the office at 4:30 (p.m.),” she said. “It allows me to do my job more efficiently because I can stay and get it done. This way, employees won’t have to shut down their projects just because their schedule says it’s time to go.”
    Young said she and Greer surveyed all counties that belong to the Association of Arkansas Counties. Both she and Greer noted that the majority of similar types of employees in other counties were exempt. “They were surprised we weren’t already doing it,” Young said, adding that the cities of Benton and Bryant already are doing it as well.
 
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