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Code of Federal Regulations Pertaining to ESA

Title 29  



Chapter V  

Wage and Hour Division, Department of Labor



Part 553  

Application of the Fair Labor Standards Act to Employees of State and Local Governments




Subpart A  


29 CFR 553.11 - Exclusion for elected officials and their appointees.

  • Section Number: 553.11
  • Section Name: Exclusion for elected officials and their appointees.

    (a) Section 3(e)(2)(C) provides an exclusion from the Act's coverage 
for officials elected by the voters of their jurisdictions. Also 
excluded under this provision are personal staff members and officials 
in policymaking positions who are selected or appointed by the elected 
public officials and certain advisers to such officials.
    (b) The statutory term ``member of personal staff'' generally 
includes only persons who are under the direct supervision of the 
selecting elected official and have regular contact with such official. 
The term typically does not include individuals who are directly 
supervised by someone other than the elected official even though they 
may have been selected by the official. For example, the term might 
include the elected official's personal secretary, but would not include 
the secretary to an assistant.
    (c) In order to qualify as personal staff members or officials in 
policymaking positions, the individuals in question must not be subject 
to the civil service laws of their employing agencies. The term ``civil 
service laws'' refers to a personnel system established by law which is 
designed to protect employees from arbitrary action, personal 
favoritism, and political coercion, and which uses a competitive or 
merit examination process for selection and placement. Continued tenure 
of employment of employees under civil service, except for cause, is 
provided. In addition, such personal staff members must be appointed by, 
and serve solely at the pleasure or discretion of, the elected official.
    (d) The exclusion for ``immediate adviser'' to elected officials is 
limited to staff who serve as advisers on constitutional or legal 
matters, and who are not subject to the civil service rules of their 
employing agency.
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