Los Angeles County Municipal Code Ch. 6.09 Salaried Employment

The compensation and benefits of salaried employees as herein defined shall be as provided elsewhere in Titles 5 and 6 of the Los Angeles County Code unless otherwise provided in this Chapter 6.09.

(Ord. 93-0019 § 5 (part), 1993.)

As provided in this chapter, the chief administrative officer shall have the responsibility to issue regulations concerning salaried employment to conform county practices to changes in the Fair Labor Standards Act and regulations issued

thereunder, to maintain accountability, and to establish fiscal control over overtime accrual. Such regulations or changes in regulations shall be reported to the board upon issue.

(Ord. 93-0019 § 5 (part), 1993.)

When interpreting this chapter, words having initial capital letters shall have the following meanings:

A.

"Benefit Hours" shall be substituted for Qualifying Hours when calculating the benefits accrued pursuant to Chapters 6.18 and 6.20. "Benefit Hours" are the total Work Schedule hours of a work period for any scheduled workdays that the employee (i) performs work, (ii) receives industrial or short-term nonindustrial disability coverage by county benefits or by California Labor Code Section 4850, or (iii) is on approved full-pay or part-pay leave of absence. Not included are (i) days while receiving long-term disability benefits, (ii) Work Schedule days on which the employee is on authorized or unauthorized absence without pay, (iii) overtime, or (iv) Regular Days Off.

B.

"Calendar-Day Rate" means the monthly pay rate, exclusive of flat dollar amount monthly, pay period, or hourly adjustments to pay provided for a class by this Title 6 divided by the number of days in the month.

C.

"Calendar-Day Rate Per Semi-Monthly Pay Period" means half the monthly pay rate, exclusive of flat dollar amount monthly, pay period, or hourly adjustments to pay provided for a class by this Title 6 divided by the number of calendar days in the semi-monthly pay period in accordance with CEO instructions.

D.

"Full Day" means an additional work assignment performed or work product produced outside the employee's normal work schedule which, when considered in the aggregate, is determined by the department head to be substantially equivalent to a full days work assignment or work product. A Full Day also means one full work or paid leave day.

E.

"Salaried Employee" means any county officer, any management appraisal and performance plan participant, paid pursuant to the provisions of Chapter 6.08, Part 3, who is required to be salaried to be exempt under the Federal Fair Labor Standards Act, or any other county employee designated by the employee's department head and approved by the chief administrative officer to receive compensation for work performed in a manner consistent with the standards for exempt salaried employees set forth in the Federal Fair Labor Standards Act and its supporting regulations.

F. "Work Day Rate" means the monthly pay rate exclusive of flat dollar amount monthly, pay period or hourly adjustments to pay provided for a class by this Title 6, multiplied by 12 months and divided by 261 workdays. The Work Day Rate may be adjusted to reflect the actual work schedule in accordance with CEO instructions.

G.

"Work Period" means a recurring period of seven consecutive days as determined by the department head.

H.

"Work Schedule" means the recurring workdays and regular duty hours of each such workday within one or more Work Periods during which a department head requires an employee to be on duty to perform work. This schedule shall be consistent with full-time employment.

(Ord. 2010-0014, § 39, 2010; Ord. 98-0003 § 14, 1998; Ord. 96-0052 § 9 (part), 1996; Ord. 93-0019 § 5 (part), 1993.)

A.

Except as provided in this section, Chapter 6.12, working hours, working week and holidays, shall not apply to Salaried Employees as defined in this Chapter 6.09.

B.

Work Schedule.

Salaried Employees shall be assigned to a Work Schedule as determined by the department head.

Salaried Employees qualifying for leave under Code of Federal Regulations, Title 29, Part 825, The Family and Medical Leave Act may be assigned, by the department head, to a Work Schedule consisting of less than Full Day increments in accordance with such regulations and the regulations authorized and issued by the Director of Personnel for the period they are covered by The Family and Medical Leave Act.

C.

Additional Work. Notwithstanding subsection B above, a department head may require a Salaried Employee to work additional time beyond the employee's Work Schedule without additional compensation.

D.

Holidays. A Salaried Employee shall be entitled to one Full Day of paid leave for each holiday listed in Section 6.12.040. In the event that a holiday falls on a scheduled regular day off that is part of a flexible work schedule or the employee is required to work on the holiday, the holiday shall be accrued to be used at a later date subject to the prior approval of the department head or shall be paid in accordance with the following:

At any time after the accrued holiday time has been carried on the books for at least two years, such time may be paid at the employee's workday rate of pay at the discretion of the department head.

An employee about to leave the service of the county shall be allowed a leave of absence of accumulated holiday days which have not been taken. Cash payment, as provided in Section 6.24.040, may be made in lieu of carrying such person on the payroll for the leave-of-absence period. Such payment shall be at the workday rate of pay in effect on the employee's final day of county service.

(Ord. 2004-0040 § 4, 2004; Ord. 96-0032 § 2, 1996; Ord. 93-0019 § 5 (part), 1993.)

A.

Salaried Employees, as defined herein, shall be compensated pursuant to the applicable provisions of Title 6 of the Los Angeles County Code in a manner consistent with:

The requirements for exempt salaried employees contained in the Federal Fair Labor Standards Act and its supporting regulations; and

Interpretive regulations issued by the chief administrative officer.

B.

The provisions of Section 6.10.120, Standby pay, and Section 6.10.130, Call-back pay, shall not apply to Salaried Employees.

(Ord. 93-0019 § 5 (part), 1993.)

The overtime provisions of Chapter 6.15 shall not be applicable to Salaried Employees as defined herein, except that:

A.

When authorized by the chief executive officer and approved in advance by the department head, a Salaried Employee may be credited with one Full Day of compensatory time-off for each Full Day of pre-approved overtime worked, provided that no more Full Days of compensatory time-off may be accumulated by an employee at any one time than are authorized by regulations issued by the chief executive officer.

B.

In addition to the compensatory time-off provided in subsection A above, when authorized in advance by the chief executive officer, a Salaried Employee may be credited with one Full Day of compensatory time-off for each Full Day of overtime worked when the overtime work is necessitated by a major emergency due to civil disturbance, earthquake, fire, flood or other cause involving significant danger to life or property. Such accumulated compensatory time authorized by the chief executive officer may be paid at the straight time workday hourly rate.

C.

Salaried Employees compensated in accordance with Chapter 6.08, Part 2, Physician Pay Plan and Chapter 6.08, Part 4, New Management Physician Pay Plan shall accumulate, use and be paid for overtime as provided in Section 6.08.240, subsection C and Section 6.08.445, subsection B, respectively.

(Ord. 2014-0005 § 9, 2014; Ord. 2006-0084 § 22, 2006; Ord. 2000-0071 § 8, 2000; Ord. 93-0019 § 5 (part), 1993.)

A.

Accumulation of Paid Leave Benefits. All accrued benefits provided in Chapters 5.27, 5.28, 6.18, and 6.20 of Titles 5 and 6 of the Los Angeles County Code shall be made available for use by the employee in Full-Day increments except to the extent provided in Chapters 5.27 and 5.28. The number of Full-Day vacation, annual leave, or full-pay sick leave increments used by an employee shall be determined by applying the number of vacation, full-pay sick leave or annual leave hours accrued pursuant to Chapters 5.27, 5.28, 6.18 or 6.20 to the employee's regular Work Schedule during the period of vacation, sick leave or annual leave.

B.

Use of Paid Leave Benefits. An employee may use paid leave as follows:

Vacation. The accrued vacation benefit provided in Chapter 6.18 of Title 6 of the Los Angeles County Code shall be reduced by one Full Day for each Full Day of vacation taken by a Salaried Employee eligible for such benefit.

Sick Leave. The accrued full-pay sick leave benefit provided in Chapter 6.20 of Title 6 of the Los Angeles County Code shall be reduced by one Full Day for each Full Day of full-pay sick leave taken by a Salaried Employee eligible for such benefit.

Part-Pay Sick Leave.

a.

The part-pay sick leave benefit provided in Section 6.20.040 of Title 6 of the Los Angeles County Code shall be reduced by one calendar day for each calendar day of part-pay sick leave taken by a Salaried Employee eligible for such benefit. Effective beginning on and after April 1, 2010, or such later date as may be determined by the Chief Executive Officer when the human resources management system reflecting this provision is implemented, the part-pay sick leave benefit provided in Section 6.20.040 of this Code shall be reduced by one workday for each workday of part-pay sick leave taken by a Salaried Employee eligible for such benefit in accordance with CEO instructions.

b.

In accordance with Section 6.20.050, subsection C, once such leave is elected, it must be used until exhausted for continuous absence due to sickness or injury. Retroactive adjustments to previously used part-pay sick leave in order to accrue full-pay leave benefits are prohibited.

Nonelective Annual Leave. The accrued nonelective annual leave benefit provided in Section 5.27.330 and Section 5.28.330 of Title 5 of the Los Angeles County Code shall be reduced by one Full Day for each Full Day of nonelective annual leave taken by a Salaried Employee eligible for such benefit.

Elective Annual Leave. The elective annual leave benefit provided in Section 5.27.340 and Section 5.28.340 of Title 5 of the Los Angeles County Code shall be reduced by one Full Day for each Full Day of elective annual leave taken by a Salaried Employee eligible for such benefit.

Less than Full Day Absences under The Family and Medical Leave Act. A Salaried Employee may elect to use accrued paid leave benefits provided in Chapters 5.27, 5.28, 6.18, 6.20 of Titles 5 and 6 of the Los Angeles County Code and accrued compensatory time off in less than Full Day increments in accordance with Section 6.09.030B.2 to cover less than Full Day absences where such absences are taken in accordance with The Family and Medical Leave Act regulations. Usage of such paid leave is subject to all the conditions that apply to the use of such accrued leave benefits.

Notwithstanding the general rule that an employee must use Nonelective Leave and Elective Annual Leave only in Full Day increments (as provided in Sections 6.09.060.B.4. and 5., respectively (the "Full Day Utilization Requirement"), if a Salaried employee: (a) has less than a Full Day of Nonelective Leave available for use; (b) has otherwise exhausted all other previously banked and available time off (including, but not limited to, banked Nonelective Annual Leave, compensatory time off, vacation, holiday time, and sick leave (if sick), as required under the order of use rules set forth in Sections 5.27.350.B. and 5.28.350.B.; and (c) wishes to take a day off, that employee may use up the partial day of available Nonelective Leave and use Elective Annual Leave hours to complete the Full Day Utilization Requirement. In accordance with the order of use rules in Sections 5.27.350.B. and 5.28.350.B., as applicable, an employee may use Elective Annual Leave to fulfill the Full Day Utilization Requirement only if he or she has first exhausted all accessible, current Nonelective Annual Leave hours and all previously banked and available Nonelective Annual Leave, compensatory time off, vacation, holiday time, and sick leave, if sick (pursuant to Sections 6.09.030, 6.09.040, and 6.09.050 for salaried employees).

C.

Other Paid Leaves of Absence. A Salaried Employee shall be entitled to the leaves of absence as provided in Section 6.20.080, except that the employee shall be entitled to one Full Day of bereavement leave for each working day allowed in subsection A of this section.

(Ord. 2018-0031 § 12, 2018; Ord. 2016-0004 § 13, 2016; Ord. 2010-0014, § 40, 2010; Ord. 2004-0040 § 5, 2004; Ord. 93- 0019 § 5 (part), 1993.)

A.

Full-Day Absences Not Covered By Accrued Leave Benefits. A Salaried Employee who does not have or chooses not to use accrued leave benefits to cover a Full-Day absence, will have pay reduced at the Calendar-Day Rate for each Full Day of such absence. Effective beginning on and after April 1, 2010, or such later date as may be determined by the Chief Administrative Officer when the human resources management system reflecting this provision is implemented, a Salaried Employee who does not have or chooses not to use accrued leave benefits to cover a Full Day absence, will have pay reduced at the Work Day Rate of such absence.

B.

Suspension. A Salaried Employee who is suspended in accordance with Civil Service Rule 18.031 shall be suspended in conformance with the requirements of the FLSA.

C.

Less Than Full-Day Absences. A Salaried Employee who is absent for less than a Full Day shall not suffer a reduction in pay except where such unpaid absences are taken in accordance with The Family and Medical Leave Act regulations.

(Ord. 2010-0014, § 41, 2010; Ord. 2004-0040 § 6, 2004; Ord. 93-0019 § 5 (part), 1993.)