10.1 Authorization
All compensable overtime must be authorized by the appointing authority or his/her representative in advance of being worked. If prior authorization is not feasible due to emergency conditions a confirming authorization must be made on the next regular work day following the date on which the overtime was worked. Overtime worked must be in the job class in which the nurse is regularly employed or in a class for which the nurse is authorized higher pay for work in a higher class.
10.2 Definition
Except as otherwise provided by Charter, any authorized time worked in excess of a forty (40) hour weekly work schedule shall be considered overtime compensable at the rate of one and one-half times the overtime worked by monetary payment or by the granting of compensatory time off. Extra help shall be paid the overtime rate after working forty (40) hours during their normal work week – a fixed and regularly recurring period of seven (7) consecutive twenty-four (24) hour periods. For the purpose of determining eligibility for overtime compensation, any absence with pay other than sick leave shall be considered as 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.
Public Health Nurses will not have their scheduled workweek or workday reduced in whole or in part to compensate for time worked in excess of a regularly scheduled workweek or workday, except as follows: When a Public Health Nurse works more than eight (8), nine (9) or ten (10) hours based on his/her regular schedule in a day in order to participate in a scheduled evening clinic, the nurse shall have the option of adjusting his/her workweek within forty (40) hours; such time off will be taken during the same workweek at a time agreed on by the nurse and the department. The other options are earning overtime or compensatory time, compensable at the rate of one and one-half ( 1 ½) times the overtime worked, as provided by his/her work group. Comp time off or overtime pay at the rate of one and one half times the time worked shall be allowed for time worked after the scheduled end of the clinic.
Part-time nurses working less than forty (40) hours per week who work a double shift of sixteen (16) hours shall be compensated at the rate of time and one-half for the second eight (8) hours. Part-time nurses working more than eight (8) hours but less than sixteen (16) hours shall be compensated at the rate of time and one-half (1 ½) for all hours beyond eight (8); except part-time nurses scheduled to work a shift greater than eight (8) hours will be compensated at the rate of time and one-half (1 ½) only for hours worked beyond the scheduled shift.
Part-time nurses who request and are approved to work a shift longer than eight (8) hours or to work double shift, for personal convenience will not be eligible for time and a half overtime for hours worked in excess of eight (8) hours, unless the time worked is in excess of forty (40) hours worked in a designated work week.
Nurses will not have a scheduled workday reduced in whole or in part to compensate for time which they are ordered to work in excess of another regularly scheduled workday.
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 by compensatory time off. The decision of the Director shall be final; provided, however, that prior to changing the work group of an existing class covered by this MOU the Director shall notify CNA of the contemplated change and if requested, discuss with CNA the reasons for the work group change.
Note: Work Groups 1, 2, 3 and 4 pertain to employees not covered by this MOU.
Work Group 5: Nurses 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 nurse’s option. Comp time off which accrues in excess of eighty (80) hours must be liquidated by monetary payment.
10.5 Compensatory Time Off
Utilization of compensatory time off shall be by mutual agreement between the department head and the nurse. The smallest increment of comp time which may be taken off is six (6) minutes.
10.6 Unscheduled Overtime
No nurse shall be required to work overtime if a qualified nurse is voluntarily available.
In instances where staff is needed as a result of unpredictable day-to-day circumstances, the unscheduled work shall be offered first on a voluntary basis to the unit’s regular nursing staff (on duty and off) if utilizing them does not result in overtime. If no volunteers are available, the unscheduled work shall be offered to Relief/Extra-help or Registry Nurses if utilizing them does not result in overtime.
If no volunteers are available from the above classifications, to the extent possible and based on operational needs, overtime shall be offered on an evenly distributed, voluntary basis first to regular nursing staff (on duty and off) and, after, to Relief/Extra-help or Registry/Travelers. Any employee offered overtime or extra hours is required to possess the skills and abilities required to perform the work.
If mandatory overtime is necessary, the County will use Travelers/Registry or Relief/Extra-help nurses prior to regular nurses. If regular nurses are used they shall be called in order of reverse seniority. Mandatory overtime will not be assigned to any employee who does not possess the skills and abilities required to perform the work.
For Correctional Health Nurses, the County will purchase and regularly replenish a reasonable stock of meals to keep at the jails for nurses who are held over on unscheduled mandatory overtime and/or mandated shifts.