Resolution 12346CITY OF ALAMEDA RESOLUTION NO. 12 3 4 6
STATING THE ADMINISTRATIVE POLICY OF THE CITY
REGARDING DEDUCTIONS FROM COMPENSATION OF EMPLOYEES EXEMPT
FROM THE OVERTIME PROVISIONS OF THE
FAIR LABOR STANDARDS ACT
WHEREAS, it is, and at all times since the Fair Labor Standards Act became
applicable to the public sector (April 15, 1986) has been, the intent of the City of Alameda
to comply with all relevant applicable provisions of the Fair Labor Standards Act (FLSA);
and
WHEREAS, any noncompliance with FLSA regulations was not the result of any
ordinance, resolution or written City policy, but was inadvertent, in good faith and was the c
result of lack of knowledge or uncertainty about the controlling law, or uncertainty as to the
interpretation of the law by the Department of Labor, or confusion as to the particular
applicability of certain Federal regulations to municipal government employees, and was not
due to any intentional noncompliance with the FLSA; and
WHEREAS, it is the desire and intent of the City Council that the City expressly state
its existing policy of full compliance with the requirements of the FLSA and the applicable
regulations promulgated thereunder regarding employees exempt from overtime
compensation; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Alameda hereby authorizes reimbursement to otherwise- exempt City employees for the
period April 15, 1986 to September 18, 1992 for inadvertent pay deductions for absences
from work of less than a day when leave was exhausted.
BE IT FURTHER RESOLVED that it will continue to be the City of Alameda's
intention to comply with the requirements of the FLSA and all applicable regulations
promulgated thereunder.
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 27th day of
November , 1992, by the following vote to wit:
AYES: Councilmembers- Arnerichi Comicial Lucas, Roth
and President Withrow -- 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City thisl8th day of __um:Ember , 1992.
Diane':. Felsch, City Clerk
City of Alameda