SEIU 7: Overtime

7.1 Authorization
All compensable overtime must be authorized by the department head or his/her designated representative in advance of being worked. If prior authorization is not feasible because of 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 classification in which the person is regularly employed or in a classification for which the worker is authorized higher pay for work in a higher classification.

7.2 Definition
Except as otherwise provided by Charter, any authorized time worked in excess of the 40 hour weekly work schedule shall be considered overtime and shall be compensable at the rate of one and one-half (1 1/2) times the overtime worked, whether compensated by monetary payment or by the granting of compensatory time off.

Overtime resulting from required attendance at training classes or training meetings shall be compensable at the straight-time rate in an amount equal to the overtime worked unless monetary payment at a different rate is prescribed for a worker covered by the Fair Labor Standards Act.

For purposes of determining eligibility for overtime compensation, only holiday time off on County-recognized paid holidays shall be considered as time worked. All other absences with pay shall not be considered time worked, except vacation and Compensatory Time Off shall count as hours worked when the employee is called back to work after regular hours pursuant to Section 7.4 of this MOU. Effective the pay period following Board approval of the successor MOU, in exchange for the change in overtime eligibility, the salary schedules for all employees will be increased by one-half percent (0.5%).

The smallest increment of working time that may be credited as overtime is 6 minutes. Portions of 6 minutes worked at different times shall not be added together for the purpose of crediting overtime. Overtime shall be calculated from the worker’s base pay only unless monetary payment at a different rate is prescribed for a worker covered by the Fair Labor Standards Act.

7.3 Work Groups
The Human Resources Director shall allocate all job classifications to the following described work groups for purposes of determining categories of workers to be compensated by monetary payment or by compensatory time off. The decision of the Director shall be final; provided, however, that prior to changing the work group of an existing classification 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.

Work Group 1: All workers covered by the Fair Labor Standards Act shall be allocated to Work Group 1. Workers in Work Group 1 may be compensated for overtime worked either by monetary payment or by compensatory time off, at the option of the worker. Compensatory time off 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.
Work Group 2: Workers in Work Group 2 may be compensated for overtime worked only by being allowed compensatory time off. No more than two hundred forty 240 hours of such compensatory time off may be accumulated at any one time. When an employee in Work Group 2 is separated from County service, his/her remaining compensatory time shall be added to his/her final compensation.
Note: Work Groups 3 and 4 pertain to workers not covered by this MOU.

Work Group 5:  Workers 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 worker. Compensatory time off which accrues in excess of 80 hours must be liquidated by monetary payment.  Notwithstanding the allocation of job classes to work groups, any worker covered by the Fair Labor Standards Act shall be compensated in accordance with the Act.

Should the County, through some future Federal ruling, be exempted from the Fair Labor Standards Act, the County shall then revert to the base rate for the computation of overtime.

7.4 Call Back
Workers required to physically report back to work during off-duty hours shall be compensated for a minimum of three (3) hours of overtime pay.

Full-time workers required by their supervisor to conduct work via a remote connection (telephone or computer) during off-duty hours shall receive overtime pay for a minimum of thirty (30) minutes and any additional actual time worked rounded up to the nearest six-minute increment. Part time workers will receive compensation for work via a remote connection during off-duty hours in accordance with hours worked within the workweek.

7.5 Compensatory Time Off
Utilization of compensatory time off shall be by mutual agreement between the department head and the worker. The smallest increment of compensatory time which may be taken off is 6 minutes.

7.6 Scheduled Workday
Workers covered by this MOU will not have a scheduled workday reduced in whole or in part to compensate for time they are ordered to work in excess of another regularly scheduled workday.