The attached Overtime Policy has been developed to provide clear and concise procedures and guidelines that are consistent with the Fair Labor Standards Act (FLSA) and with the Memorandum of Understanding between the County and the Probation and Detention Association (PDA). It is the intent of this Policy to continue an atmosphere of open communication between line staff and management regarding overtime. Probation officers and their supervisors should discuss potential overtime situations as early as possible.
The FLSA categorizes the nature of probation officer work as that which requires overtime pay for work beyond 40 hours in a work week. Employees are not expected to “flex” their hours in order to avoid overtime compensation, except when agreed to by both the supervisor and probation officer. Furthermore, supervisors are also expected to plan for caseload coverage during the absence of staff. In some circumstances, absences may result in the need to approve overtime hours for staff who are required to pick up portions of a co-worker’s assignment during their absence.
PROCEDURES FOR OVERTIME APPROVAL
No employee shall work overtime unless authorization is received in advance of being worked in accordance with the Memorandum of Understanding and this Procedure. If emergency conditions justify overtime without prior authorization, authorization must be obtained on the next workday or as soon as feasible, in accordance with the procedures below.
Unless otherwise directed by the department head, the first-line supervisor (PSM I), directors (PSM II), and or deputy chiefs may represent the department head for the purpose of authorizing overtime. At their discretion these representatives (of the management team) may authorize overtime under the following conditions:
The required work cannot be postponed until it can be performed during normal work hours or merged with the normal workload.
The required work cannot be assigned to other staff whose workload has not reached maximum capacity.
An employee who is failing to perform the same work due to incompetence or insubordination is not performing the required work.
Generally, the intent of overtime is to complete work in excess of routine workload.
If an employee needs overtime to complete work in excess of their routine workload, they should ask their supervisor for approval prior to working the overtime.
Non-emergency overtime must be requested and authorized in advance. Overtime authorizations must be in writing. A copy must be sent to the deputy chief of the division where the overtime is required. Deputy chiefs will record division overtime and provide the deputy director and department head with a monthly overtime report. The overtime report shall include the total hours of overtime performed and the reasons the overtime was necessary.
Failure of a Management team member to submit an overtime authorization or report shall not, on its own, disqualify an employee who is otherwise entitled to receive overtime.
The requirement for “prior authorization” may be waived whenever either of the following emergency situations occur:
The required work is a consequence of an emergency, or an off-duty phone call resulting in a required action taking six minutes or longer.
An immediate or imminent situation involving officer safety, public safety, department liability, or vital court services demands immediate attention.
COMPENSATORY TIME IN LIEU OF OVERTIME
An employee can elect to accrue compensatory time in lieu of overtime payment.
The Department does not tolerate retaliation, and therefore an employee who requests overtime or files an overtime complaint on their own behalf or on behalf of another employee is protected from retaliation.