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CGi_ORADO STATE ASSO:IATION 2
OF ;kid
COUNTY COMMISSIONERS
OFFICERS AND
EXECUTIVE COMMITTEE
Sam J. Steele. President
Maybell. Moffat County
George H. Moore. First Vice President
Sterling, Logan County
Harold D. Poster. Second Vice President
Alamosa. Alamosa County
Sam Gordon, Third Vice President
Springfield, Baca County
Russell Higginson
Palmer Lake. Douglas County
Sam Covington. Sr., Immediate Past President
Genoa. Lincoln County
1. Fred Schneider. General Counsel &
Secretary -Treasurer, Denver
Mr. Samuel S. Telep,
County Attorney
Weld County Court House
Greeley, Colorado 80631
Opinion
Dear Sam:
March 3, 1967
DENVER HEADQUARTERS
904 MAJESTIC BUILDING
DENVER. COLORADO 80202
PHONE 894-8326
J. FRED SCHNEIDER
GENERAL COUNSEL AND
SECRETARY -TREASURER
Norma Lee Ewing, Denver
Assistant Secretary
I have your inquiry of March 1st asking my opinion
on the following question: "Are employees of the Weld County
Nursing Home affected by the Wage and Hour Law?" The Fair
Labor Standards Act of 1938, As Amended (29 U.S.C. 201, et
seq.) September 23, 1966 (P.L. 89-601, 80 Stat. 830) under
Section 3 (r)(4) states:
"(4) is engaged in the operation of a hos-
pital, an institution primarily engaged in the
care of the sick, the aged, the mentally ill or
defective who reside on the premises of such
institution, a school for mentally or physically
handicapped or gifted children, an elementary
or secondary school, or an institution of higher
education (regardless of whether or not such
hospital, institution, or school is public or
private or operated for profit or not for profit)."
In talking to a staff member in the office of the
Department of Labor here in Denver, they referred me to
"Handy Reference Guide to the Fair Labor Standards Act as
Amended --1966" and I suggest you write for a copy and to
identify it put WHPC Publication 1159, Printed October 1966.
C,i O& ' to
670246
Mr. Samuel S. Telep
-2- March 3, 1967
They interpret a nursing home as caning under the act.
They also interpret the act as not involving any of the
courthouse employees but the employees of the county
hospital came undef':it according to their interpretation.
They also told me this --during the year 1967 an employee
under the act would work 44 hours; next year 42 hours and
two years from now it will be 40 hours a week. They also
said that employees working in hospitals, schools and
nursing homes operated by the county, after February 1st,
must be paid overtime for working more than 40 hours and
the overtime is on the basis of time and a half. They
also told me that the practice of compensating time off
for overtime work could no longer be observed.
JFS:bw
cc: Executive Committee
Very trfill ours
J. FRED SCHNEIDER
MARSHALL H. ANDERSON. CHAIRMAN
2412 5TH AVENUE, GREELEY
HAROLD W. ANDERSON, CHAIRMAN PRO-TEM
JOHNSTOWN
EDWARD L. DUNBAR, MEMBER
1223 23RD AVENUE CT., GREELEY
SAMUEL S. TELEP
COUNTY ATTORNEY
ANN SPOMER. COUNTY CLERK
AND CLERK OF BOARD
PHONE 353-2112 EXT. 21
OFFICE OF THE BOARD OF COUNTY COMMISSIONERS
March 1, 1967
J. Fred Schneider
General Counsel and Secretary Treasurer
Colorado state ssociation of County Commissioners
90}+ Majestic Building
Denver, Colorado
Dear Fritz:
A few years ago we had a problem at the Weld County
General Hospital having to do with employees being affected
by the Wage and Hour Law. This problem was finally resolved
and we were able to get out of a tight situation with a lot
of luck.
Now I have teen confronted with the following question:
Are employees of the Weld County Nursing Home affected by
the Wage and Hour Law?
I certainly would appreciate receiving your opinion and
comments on this situation with which we are concerned in
Weld County.
SST:js
Sincerely,
frxeif
SAMUEL S. TLLIP
County Attorney
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