HomeMy WebLinkAbout063 00
:þ; {' ì¿f "DC ft ~ -ry/nf()ò
Ct~ Awi J
State of Washington
COUNTY OF JEFFERSON
In the matter of: Defining Volunteers for
compliance with the Fair Labor Standards Act
Initiating a Procedure to comply with Law
and Employment
}
}
}
}
RESOLUTION NO.
63-00
WHEREAS, Jefferson County is a public employer and subject to the provisions of the
Fair Labor Standards Act (FLSA), as amended, and
WHEREAS, it is in the interest of the public that the County define the term "Volunteer'
consistent with the Act.
NOw, THEREFORE, BE IT RESOL VED that the Board of Commissioners of Jefferson
County hereby adopt the following procedure to comply with laws requiring definition of
"Volunteer" for the purpose of providing services to the County.
1.0
Employment Delineated
1.1 The term "EMPLOYEE" has a different meaning for purposes of the
County complying with the requirements of: PERC, FLSA, IRC, Social
Security Act, WL&I, WES, as well as other Federal and State agencies.
Jefferson County does hereby acknowledge each law, regulation, or rule
will be applied only in the context of its respective applicability and may
require the district to define individual activity as employment activity for
purposes of compliance with one set of law or circumstances and at the
same time define the same activity as not employment for a different set of
laws or circumstances.
1.2
It is the declared policy of this Board of Commissioners that
individual activities shall only be defined as an "employment"
activity when that activity is specifically required by a law,
regulation, or rule to be so defined, and such d~finitjon of an
employee activity shall only apply for purposes of compliance with
the requiring law, rule or regulation AND FOR NO OTHER
PURPOSE WHATSOEVER.
1.3
This Board disavows any binding affect of compliance with a
specific law, rule or regulation in evaluating the 'need for
compliance with any other law, rule or regulation. Further, we
specifically deny that our defining an activity as "employment' for
a specific statutory compliance shall be évidence of "employment"
for a difference statutory compliance.
,-,. ~
No. 63-00
Page 2
Resolution re: Defining Volunteers for Compliance with FLSA
Volunteers Respite Care Providers
2.1. FLSA Consideration
2.1.a Volunteer services are described in 29 CFR 553 subpart B section
553.100 et seq. This section authorizes volunteers to receive: payment for
expenses, reimbursement for education; health, liability, disability, or
pension benefits; service awards, and a nominal fee which is not tied to
productivity, without loosing volunteer status.
2.0
2.1.b Pursuant to 29 CFR 553.106(f) the Board of Commissioners when setting
the volunteer stipend and benefits will consider the following economic
realities:
(a)
(b)
(c)
(d)
Volunteers have been excluded by PERC from participation
in employee collective bargaining rights
The total combination of benefits and fees provided to any
volunteer shall never exceed 25% of the benefits and wages
paid to any employee who participate in collective
bargaining.
The combination of benefits and fees provided to
volunteers shall never be based on a determination of effort
expended. Effort expended is defined as a unit of
measurement such as: per hour worked, per unit finished or
other such precise measurement.
The benefits and fees maybe established on: per shift or
other reasonable unit that does not distinguish between
service periods with great effort required and service
periods with little effort required.
Washington Labor and Industries Consideration
2.2.a Volunteers shall be covered under the Workers' Compensation provisions
of the Laws of Washington and the County shall pay the required premium
on a regular quarterly basis in accordance with the appropriate WAc.
2.2
2.2.b The payment of L & I premium shall not be deemed or construed as an
acknowledgment by the Board of Commissioners that any volunteer holds
the status of employee simply because L & I premium are paid on
volunteer activities. Any construction or admission that an employee
status exists due to volunteer activities is'denied.
Amendment and Revision
3.1 The Board of Commissioners may revise, repeal, or amend this resolution as
required from time to time. ...
3.0
..;
-<.....-- ", <-
Resolution re: Defining Volunteers for Compliance with FLSA
No. 63-00
Page 3
3.2
This resolution is intended to be in compliance with the law of the United State of
America and the law of the State of Washington.
3.3
Any part of this resolution found to be invalid by the highest court of proper
jurisdiction shall affect only the portion found to be invalid and all remaining
provisions shall remain in full force and effect.
BE IT FURTHER RESOL VED that this resolution is effective upon approval.
<.-\)~1Y ÇQ~>t..t 1& J: \
,. .,~(~ ~' '~ ." ;-' ~R~,~D AND ADOPTED this -I day of" À ~
'~ V"' c-"" , &
/:.¡ "£-""",,""'-.-""-
:":-.-~EM:.<:'\~ .~~<,
! ';): \<:)::.<1.;;-) . ~I JEFFERSON COUNTY
\ :. ~~- \~):;,~:t~!j/" ' j ~-, BOARD OF COMMISSIONERS
\. " " .\ )-:,~}:!:;': " . .. '" ~' ~ t
. ,'" \', 'itI', "¡.", -j.,
\'(---~,---- ...
"~,'I. "')J~"/
-'-'-',.ð:,TIJà~?=--;:~: an ~o e, C .
,2000.
Lorna Delaney, CMC
Clerk of the Board
APPROVED AS ,TO FO~/¡
tÜ~ ~ Îh:]ro
Prosecuting Attorney
---,','-