LEU MOU Section 8: Overtime

8.1       Authorization
All compensable overtime must be authorized by the appointing authority or designated representative prior to being worked.  If prior authorization is not feasible due to emergency condi­tions, a confirming authorization must be made on the next regular working day following the date on which the overtime was worked.  Overtime worked must be in the job class in which the person is regularly employed or in a class for which the employee is authorized higher pay for work in a higher class.

 

8.2       Definition
Except as otherwise defined herein, any authorized time worked in excess of a 40 hour weekly work schedule shall be con­sidered overtime and shall be compensable at the rate of one and one-half times the overtime worked whether compensated by monetary payment or by the granting of compensatory time off.  Extra help shall be paid at the overtime rate after having worked 40 hours during their normal work week, which is a fixed and regularly recurring period of 7 consecutive 24 hour periods. Only designated work groups are eligible for overtime as defined in this MOU.

Effective the pay period following Board approval of the successor MOU, for purposes of determining eligibility for overtime compensation for Sheriff’s Office employees, only holiday time off on County-recognized paid holidays shall be considered time worked. All other absences with pay shall not be considered as time worked, except vacation and CTO shall count as hours worked when the employee is called back to work after regular hours pursuant to Section 8.4 of the MOU.

For Deputy Coroners, for the purposes of determining eligibility for overtime compensation, any absences with pay, except paid sick leave, shall be considered time worked.

 

The smallest increment of work­ing time that may be credited as overtime is six (6) minutes.  Portions of six (6) minutes worked at different times shall not be added together for the purpose of crediting overtime.

 

In recognition of the change in overtime calculation as described above, effective the first pay period following Board approval of the successor MOU, the salary ranges for Sheriff’s Office employees will increase by one-half percent (0.5%).

 

8.3       Work Groups
The HRD Director shall allocate all job classes to the following described work groups for purposes of determining categories of employees to be compensated by monetary payment or comp time off.  The Director’s decision shall be final; provided that prior to changing the work group of an existing class covered by this MOU the Director shall notify the Union of the contemplated change and if requested, discuss with the Union the reasons for the work group change.

 

  1. Work Group 1: Employees in Work Group 1 are covered by the Fair Labor Standards Act (FLSA) and may be compensated for overtime worked either by monetary payment or by compensatory time off, at the option of the employee. Comp time which accrues in excess of 80 hours must be liquidated by monetary payment. All monetary payments for overtime must be paid not later than the next biweekly payroll following the pay period in which the overtime was worked. Should the County through some future Federal ruling be exempted from FLSA, the County shall revert to the base rate for the computation of overtime.
  2. Work Group 5: Employees in Work Group 5 are exempted from the Fair Labor Standards Act and may be compensated for overtime worked either by monetary payment or by compensatory time off, at the option of the employee. Compensatory time off which accrues in excess of 80 hours must be liquidated by monetary payment.Note: Work Groups 2, 3 and 4 pertain to employees not covered by this Memorandum of Understanding.8.4       Call-Back Pay             Utilization of compensatory time off shall be by mutual agreement between the department head and the employee. Accrued comp time must be used by employees in Work Group 2 prior to retirement or termination; otherwise, it shall be forfeited. The smallest increment of comp time which may be taken off is six (6) minutes.            An employee wishing to use their accumulated compensatory time must provide reasonable notice to their supervisor. If reasonable notice is provided, the request will only be denied if the request is unduly disruptive to the operations of the department. Reasonable notice is defined as at least seven (7) calendar days. Requests for compensatory time off made with less than seven (7) calendar days’ notice shall be granted at the discretion of the employee’s supervisor

8.5       Compensatory Time Off
Employees required to report back to work during off-duty hours shall be compensated for a minimum of three (3) hours. Hours worked contiguous with the employee’s regular shift shall not be subject to call back pay