7.1 Authorization
All compensable overtime must be authorized by the department head or their 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 employee 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 forty (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.
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 November 2014, in exchange for the change in overtime eligibility, the salary schedules for all employees were increased by one-half percent (0.5%).
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 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. Overtime shall be calculated from the employee’s base pay only unless monetary payment at a different rate is prescribed for an employee 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 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 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 employees covered by the Fair Labor Standards Act shall be allocated to Work Group 1. Employees in Work Group 1 may be compensated for overtime worked either by monetary payment or by compensatory time off, at the option of the employee, except wildfire assistance and disaster relief work that is reimbursable by the State or Federal government will be compensated solely by monetary payment and not by compensatory time off. This provision is not intended to prevent those positions funded by State or Federal funds on an ongoing basis from earning compensatory time off.
Compensatory time off which accrues in excess of eighty (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: Employees in Work Group 2 may be compensated for overtime worked only by being allowed compensatory time off, except wildfire assistance and disaster relief work that is reimbursable by the State or Federal government will be compensated solely by monetary payment and not by compensatory time off. This provision is not intended to prevent those positions funded by State or Federal funds on an ongoing basis from earning compensatory time off.
No more than two hundred forty (240) hours of such compensatory time off may be accumulated at any one time. Compensatory time off which accrues in excess of two hundred forty (240) hours must be liquidated by monetary payment.
When an employee in Work Group 2 is separated from County service, their remaining compensatory time shall be added to their final compensation.
- Note: Work Groups 3 and 4 pertain to employees not covered by this MOU.
- 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 eighty (80) hours must be liquidated by monetary payment.
Notwithstanding the allocation of job classes 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 Call Back
Employees 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 employees 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 (6) minute increment. Part time employees 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 employee. The smallest increment of compensatory time which may be taken off is 6 minutes.
7.6 Scheduled Workday
Employees 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.