3.04 3.4
RESCIND\362 of 2016—FLSA Changes—12-5-16
RESOLUTION RESCINDING RESOLUTION NO.: 362,2016
REGARDING RECLASSIFICATION OF CERTAIN EMPLOYEES
RESOLUTION NO.: ,2016
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Fair Labor Standards Act was amended effective December 1, 2016 to
change the minimum salary of employees who may be designated exempt by the Town of
Queensbury to $913 per week/ $47,476 per year, and
WHEREAS, by Resolution No.: 362,2016, the Queensbury Town Board accordingly
reclassified certain overtime-eligible/non-exempt employees due to said amendment, and
WHEREAS, implementation of said amendment has been enjoined nationwide by
Memorandirnn Opinion and Order of the U.S. District Court, Eastern District of Texas (4:16-CV-
00731) dated November 22, 2016, and
WHEREAS, the Town Board wishes to accordingly rescind Resolution 362,2016 until the
issue is resolved at the federal level,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby rescinds Resolution No.: 362,2016,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Clerk and/or Town Budget Officer to take any steps necessary to effectuate the terms of
this Resolution.
Duly adopted this 5th day of December, 2016, by the following vote:
AYES
NOES
ABSENT:
RESOLUTION RECLASSIFYING CERTAIN EMPLOYEES DUE TO FLSA
CHANGES EFFECTIVE 12/1/2016
RESOLUTION NO.: 362, 2016
INTRODUCED BY: Mr. Brian Clements
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, the Fair Labor Standards Act has been amended effective December 1, 2016
to change the minimum salary of employees who may be designated exempt by the Town of
Queensbury to $913 per week/$47,476 per year, and
WHEREAS certain employees are now eligible to receive overtime pay, and
WHEREAS, the Queensbury Town Board wishes to change the employment status of
employees Jennifer Baertschi France, Gary Crossman, Mark Demers and Victoria LaMarque to
overtime-eligible/non-exempt due to these changes in federal law,
NOW, THEREFORE, BE IT
RESOLVED, that Town of Queensbury employees Jennifer Baertschi France, Gary
Crossman, Mark Demers and Victoria LaMarque are reclassified as overtime-eligible/non-
exempt, effective December 1, 2016, and
BE IT FURTHER,
RESOLVED, that such employees may carry over 2016 vacation time through December
31, 2017, after which time, vacation time carryover shall be controlled by the provisions of the
Town of Queensbury Employee Handbook, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or
Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution.
Duly adopted this 7th day of November, 2016, by the following vote:
AYES : Mr. Clements, Mr. Irish, Mr. Strough, Mr. Metivier
NOES : None
ABSENT: Mr. VanNess