Table of Contents: Chapter 2
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207 OVERTIME AND COMPENSATORY TIME (Effective 03/07/2022)
Purpose
This policy shall establish guidelines for the payment and limitations of overtime and compensatory time.
207.1 Application & Pre-approval
This policy only applies to all Employees except for employees represented by a bargaining unit that has negotiated a collective bargaining agreement that has separate provisions regarding overtime and compensatory time; in such case, the bargaining agreement shall apply. Whenever governed and absent specifics set forth in this policy, the Fair Labor Standards Act (FLSA) will apply.
All overtime work shall be pre-approved by the Department Director or designated representative. All positions shall be classified as exempt or non-exempt for purposes of determining eligibility for overtime or compensatory time.
207.2 Employee Work Schedules
An Employee’s work schedule is prescheduled and shall serve as the scheduled business hours. The schedule may be adjusted by the supervisor to meet business needs. Employees may occasionally request an adjustment to his or her daily work schedule if (i) the Employee’s requests the adjustment in advance in accordance with department policies and procedures and (ii) the Employee’s supervisor approves the adjustment.
There will be times when a business need requires an exempt employee to work more than the regular 40-hour work week.
Supervisors may, but are not required, to allow exempt employees to periodically flex their hours. Non-exempt employees are not allowed to flex their hours. Flex time must be by mutual agreement of the supervisor and the employee affected. Flex time as provided for in this policy applies only to exempt employees and allows employees to adjust their arrival and departure times subject to certain guidelines and helps employees manage family responsibilities, personal schedules, and commutes by allowing them to choose work schedules that:
• Avoid rush hour traffic, accommodate childcare arrangements, or match a transportation pool schedule;
• Coordinate with the schedule of other Family Members;
• Provide time for personal errands or appointments;
• Allow the employer to better accommodate the necessary time to achieve the necessary work;
• Accommodate seasonal nature of department business;
• Reflect evening meetings and special project work; and
• Are adaptive during emergencies and/or disasters.
Flex time and set department work schedule hours are subject to pre-approval by the supervisor. Flex time is not leave time and may not be used in the place of sick, personal or vacation leave for a full shift.
Flex time may be used for partial day increments only. Flex time should be granted in increments less than eight (8) hours; except in extraordinary circumstances.
207.3 Non-Exempt Regular Employees Overtime
Pre-approval from the supervisor is required for ALL overtime worked, regardless of whether the time will be paid out or use as compensatory time.
Non-exempt, full-time employees scheduled to work a 40-hour workweek, shall be compensated for overtime for hours worked over and above 40 hours during that workweek. All paid leave time will be included as time worked in the calculation of overtime.
Non-exempt, full-time employees scheduled to work a workweek that is less than 40 hours in a normal workweek, as defined in Section 113 of this Policy, shall be compensated for overtime for hours worked over and above 40 hours during that workweek. All paid leave time will be included as time worked in the calculation of overtime.
Overtime for non-exempt, public safety employees shall be calculated in accordance with the employee’s collective bargaining agreement.
Overtime pay will be calculated at the rate of one and one-half (1.5) times the regular employee's regular rate of pay for any hours worked in excess of the normal forty (40) hour work week. Time will be calculated by rounding up to the nearest six (6) minute increment for partial hours worked.
207.4 Non-Exempt Shift Employees Overtime
Pre-approval from the supervisor is required for overtime work. Non-exempt Shift Employees shall be compensated for overtime at the rate of one and one-half (1.5) hours for each hour worked in excess of the 182-hour work period. All paid leave time will be included as time worked in the calculation of overtime.
207.5 Non-Exempt Part-Time Employees Overtime
Pre-approval from the supervisor is required for overtime work.
Overtime will be calculated at the rate of one and one-half (1.5) times the part-time employee's regular rate of pay after 40 hours worked in one week. Time will be calculated by rounding up to the nearest 6-minute increment for partial hours worked.
207.6 Compensatory Time (Non-Exempt Employees Only)
Non-exempt regular or shift employees may choose to receive compensatory time in lieu of overtime pay if pre-approved by the supervisor. At no time may compensatory time accrual be imposed by the City in lieu of overtime pay.
The supervisor shall notify employees if the compensatory time option is available prior to overtime being worked. Employees shall notify supervisors of their intent to accumulate the time as compensatory time rather than overtime paid prior to overtime being worked. Supervisors are expected to manage the accumulation of compensatory time to meet the needs of the department's staffing levels and ensure employees do not exceed the maximum accrual allowed by this policy.
Compensatory time will be calculated in the same manner as overtime. Compensatory time will be tracked in the department and reported biweekly to payroll.
Part-time non-exempt employees are not eligible for compensatory time.
207.7 Maximum Accumulation and Payouts
Accumulation of compensatory time will be limited to no more than eighty (80) hours for regular non-exempt employees and not covered by a Bargaining Agreement. Any compensatory hours over the applicable maximum will be paid to the employee as soon as practically possible.
Compensatory hours will be accrued at one and one-half (1.5) times the employee’s regular rate of pay and subsequently paid at the employee’s regular rate of pay in effect at the time it is paid out. Compensatory hours that are not overtime such as on-call pay will be paid at the employee’s regular rate of pay.
At the end of each calendar year, the City, at its sole discretion, may pay out all or part of an employee’s accrued compensatory time. If the City chooses to exercise this option, the City shall provide employees with at least 30 days’ written notice.