Section 07. Overtime
All compensable overtime must be authorized by the appointing authority or their 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 working day following the day on which the overtime was worked.
Except as otherwise provided by Charter, any authorized time worked in excess of the forty (40) hour weekly work schedule shall be considered overtime compensable at the rate of one and one-half times the overtime worked whether by monetary payment or compensatory time off. In determining eligibility for overtime compensation any absence with pay shall be considered time worked.
Effective January 1, 2007, paid sick leave will not count as hours worked in determining overtime eligibility.
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.
If an employee works three (3) minutes or less of the next tenth, the employee should round down. For example, if an employee whose normal work schedule ends at 5:00 p.m. works until 5:03 p.m., the employee should round down and not report the additional three minutes.
An employee who works in excess of three (3) minutes of the next tenth should round up to the next tenth. For example, if an employee whose normal work schedule ends at 5:00 p.m. works until 5:04 p.m., the employee should report an additional tenth of an hour of time worked.
The County will not make a practice of regularly scheduling three (3) minute increments of work time in excess employee’s regular work schedule.
7.3. Work Groups
The Human Resources 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 PDA of the contemplated change and if requested, discuss with PDA the reasons for the work group change.
Work Group 1: All employees covered by the Fair Labor Standards Act shall be allocated to Work Group 1. Work Group 1 employees may be compensated for overtime worked either by monetary payment or by compensatory time off, at the option of the employee.
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 in excess of eighty (80) hours must be liquidated by monetary payment.
Notwithstanding the allocation of job classifications to work groups, any employee 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. Compensatory Time Off
Utilization of comp time off shall be by mutual agreement between the employee and the department head. The smallest increment of compensatory time which may be taken off is six minutes.
Compensatory time off which accrues in excess of ninety-six (96) hours must be liquidated by monetary payment. All monetary payments for overtime must be paid no later than the next biweekly payroll following the pay period in which the overtime was worked.
The maximum compensatory time off accrual shall be ninety-six (96) hours.