PAP.9.5.130 Non-Exempt / Exempt Employment Status

(a) Employment at the Gaming Enterprises is classified as either exempt or nonexempt. Nonexempt team members are generally hourly team members who receive at least minimum wage and receive overtime pay for any hours worked in excess of forty (40) hours per week. Exempt team members are generally management or technical skill positions, and are allowed more flexibility in their work schedule. The Gaming Enterprises shall pay a salary (not an hourly wage) to exempt team members. The Gaming Enterprises may also set workload and scheduling expectations derived from business needs that apply to their exempt team members.

(b) Specific position descriptions designated as exempt are subject to the following criteria:

(1) Expected to devote the number of hours necessary to complete their respective tasks, regardless of whether that requires 35 hours per week or 65 hours per week. Their compensation does not change based on the number of hours expended.

(2) Not paid overtime.

(3) Paid their annual base salary at a flat rate in 52 weekly increments.

(4) The Executive Management Team has established a 5-day, 8 hour/day work week expectation where exempt team members must be present and available for work. Management may consider extenuating circumstances due to the needs of the Gaming Enterprises and/or personal need. Team members can choose their hours and which five days to work with concurrence from their direct supervisor. Deviations need to be communicated to their supervisor with a reasonable (preferably immediate) advance notice.

(5) Schedules will be monitored on a weekly basis for adherence to the established 5-day, 8 hour/day work week. Less than that is subject to disciplinary action and will be addressed as a performance issue.

(6) When an exempt team member does not work a full 5-day work week they will have two (2) options to account for the missing day(s):

(A) Use 8 hours of PTO time to cover each missing day(s).

(B) For partial days worked PTO shall always be submitted to complete an 8-hour day. Being charged for the PTO will be at the direct supervisor's discretion.

(7) PTO shall be used for any absences during scheduled work hours for personal needs and will be used in no less than full hour increments.

(8) Procedure for incorporating off property time during their established work schedule:

(A) For accuracy in tracking use of PTO and for liability insurance purposes all exempt team members they are required to swipe out and back in on the Time Star system when leaving the property during scheduled work hours.

(B) Must obtain prior concurrence and designate via email (not IM) to their direct supervisor whether the off property time is a "business" or "personal" need. If it is a business need it is a requirement to state the nature of the work in their email.

(C) Failure to obtain prior concurrence and designate is a performance issue, will be regarded as personal time and PTO will be charged.

(9) An exempt team member who is normally scheduled to work on a holiday will be given the day off and receive the amount of time normally scheduled, up to ten (10) hours of "Holiday Non-Work" pay. Those exempt team members that are required to work on a holiday will receive up to ten (10) hours of PTO time in addition to their regular accrued PTO, assuming their work schedule has not been altered to accommodate for the holiday. The amount of PTO time will be given according to the amount of time the team member worked on the holiday in quarter hour increments, which may not exceed ten (10) hours. All PTO time requires direct Supervisor pre-approval for use.