8.1. Authorization
All compensable overtime must be authorized by the department head or 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.
8.2. Definition
Except as otherwise provided by Charter, any authorized time worked in excess of the forty (40) hours during the employee’s normal work week (a fixed and regularly recurring period of 7 consecutive twenty-four hour periods) shall be considered overtime and compensable at the rate of one and one-half (1 ½) 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 an employee covered by the Fair Labor Standards Act (FLSA). For the purpose of determining eligibility for overtime compensation, effective March 1, 2015, only County-recognized paid holidays shall be considered time worked. All other absences with pay shall not 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. Overtime shall be calculated from the employee’s base pay only unless another rate is specified by the FLSA.
Effective March 1, 2015, in recognition and effective upon the change in overtime calculation as described above, the salary ranges for all classifications in the bargaining unit was increased by one-half percent (0.5%).
8.3. Work Groups
The Director of Human Resources shall allocate all job classifications to the following work groups for purposes of determining overtime compensation as set forth below. The Human Resources Director’s decision shall be final, provided however, that prior to changing the work group of an existing classification covered by this MOU, the Human Resources Director shall notify the Council of the contemplated change and, if requested, discuss with the Council the reasons for the work group change.
(1) 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 employee’s option. Comp time which accrues in excess of eighty (80) hours must be liquidated by monetary payment. Monetary payments for overtime must be paid not later than the next payroll following the pay period in which the overtime was worked.
All employees considered non-exempt under the Fair Labor Standards Act shall be in Work Group 1.
(2) Work Group 5: Employees in Work Group 5 are considered exempt under the FLSA 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 classifications to work groups, any employee covered by the FLSA shall be compensated in accordance with the Act.
Should the County, through some future Federal ruling, be exempted from the FLSA, the County shall then revert to the base rate for the computation of overtime.
8.4. Call Back
Employees required to report back to work during off-duty hours shall be compensated for a minimum of three (3) hours of overtime, except that this minimum shall not apply to employees in an on call status. Hours worked contiguous with the employee’s regular shift shall not be subject to call back pay.
8.5. Compensatory Time Off
When authorizing comp time off, department heads shall consider when employees wish to utilize the comp time. The Department Head’s decision shall be final. The smallest increment of compensatory time which may be taken off is six (6) minutes.
8.6. Scheduled Workday
Employees covered by this MOU 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.