A.
The standard work week shall be equal to 40 hours for all employees
with the exception of shift personnel in the Fire and Police Departments.
B.
The standard work week for employees of the Fire Department is promulgated pursuant to § 66-29 of this chapter and Section 7(k) of the Fair Labor Standards Act (FLSA)[1] in order to adopt a standard work period for employee
drivers of the Fire Department and a standard work week for all other
Fire Department employees. This does not include any exempt employees
under FLSA. The standard work period for all nonexempt employee (drivers)
for the Fire Department shall be a period of 14 consecutive days.
Under the FLSA, the overtime threshold for this work period shall
be 106 hours.
[1]
Editor's Note: See 29 U.S.C. § 207(k).
C.
The standard work period for nonexempt certified officers of the
Police Department is 42 hours in a seven-day period.
Employees required to be on call will be paid six hours at the
regular rate for every seven-day period on call. On-call employees
are not restricted to a particular location but they must wear a beeper
or be reachable by telephone and be able to respond when needed. Response
time requirements shall be identified by departmental policy.
A.
Any employee not classified as executive (E), administrative (A),
managerial (M), supervisory (S) or professional (P) under the Fair
Labor Standards Act (FLSA) guidelines, who works time in excess of
the standard work week shall be given paid overtime.
B.
All City employees in the following classes shall be exempt from
eligibility for paid overtime and compensatory time.
(1)
The City Manager and Human Resource Director have determined the
following positions to be classified accordingly based on FLSA regulations
for classification as such.
(2)
Accordingly, the FLSA category identifies exemptions as: executive
(E), administration (A), professional (P) and/or supervisor (S) as
listed after each classification below:
(a)
Animal Control supervisor (S).
(b)
City Attorney (E, A, P).
(c)
City Clerk (E, A).
(d)
City Manager (E, A).
(e)
Community Development Director (E, A).
(f)
Economic Development Coordinator (S).
(g)
Finance Director (E, A).
(h)
Fire Operations and Inspections Officer (A).
(i)
Gas Director (A).
(j)
Housing Director (A).
(k)
Human Resource Director (A).
(l)
Library Director (A).
(m)
Museum Director (A).
(n)
Police Chief (A).
(o)
Project Coordinator (A).
(p)
Police Major (S).
(q)
Public Facilities Director (A).
(r)
Recreation Director (A).
(s)
Recreation Director Assistant (S).
(t)
Solid Waste Director (A).
(u)
Transportation Director (A).
(v)
Waste Water Director (A).
(w)
Water Director (A).
C.
Eligibility. Overtime shall be paid or accumulated as compensatory
time at the rate of time and 1/2 for time worked beyond the standard
work week.
D.
Scheduling. Overtime work shall be authorized only by a department
director or designee thereof. Overtime shall be assigned and required
in the event of an emergency or as otherwise required by the City
Manager.
E.
Compensation for overtime. The department director shall develop
and maintain an overtime budget to compensate employee for overtime
hours worked. In the event of overtime budget over expenditure, the
employee may accrue up to a maximum of 80 hours of comp time.
F.
Reporting overtime and compensatory time. Overtime and compensatory
time shall be recorded by the employee on the weekly timesheet. Said
overtime and compensatory time shall be reported on a quarter-hour-increment
basis. See the following scale:
G.
Accrual of compensatory time. Compensatory time shall be allowed
and accrued up to a maximum of 80 hours at time and 1/2, in lieu of
paid overtime. Employee must acquire written authorization from the
department director, prior to accruing comp time.
H.
Utilization of compensatory time. Employees who have accrued compensatory
time shall be scheduled to take such comp time within a twelve-month
period. Comp time accrued shall be used by the end of each fiscal
year, being June 30, and will not be carried over. Comp time shall
be scheduled in advance, by mutual agreement of the employee and the
director. However, the employee must acquire written authorization
from the department director prior to utilization. Under no circumstances
will comp time be accrued for compensation upon retirement or termination
and should be utilized during regular full-time employment with the
City. Employees who get promoted from a nonexempt classification to
an exempt classification shall be compensated the total number of
comp time hours accrued up to the date of reclassification. Compensation
will be based upon the hourly rate in which comp time was earned,
and will be granted in lump sum.
I.
Travel time as overtime.
(1)
Any travel required by the City, which may require additional travel
time beyond the normal eight-hour work period, shall be compensable
to the employee. Compensation shall be in the form of overtime pay,
based on the hourly rate at time and 1/2 (DOL 29 CFR 785.37).
(2)
The US Department of Labor does not consider the following as working
time: overnight travel that occurs outside of the regular working
hours, such as traveling on an airplane, train, boat or bus, or where
the employee is free to relax. This is not considered compensable
overtime beyond the normal eight-hour work period.
(3)
Employee must make request for overtime compensation in advance,
and overtime hours shall reflect as travel time on the employee's
daily timesheet.
A.
All employees may be allowed a fifteen-minute break in the morning
and a fifteen-minute break in the afternoon.
B.
Department directors may use their own discretion in scheduling such
work breaks. No more than two fifteen-minute work breaks shall be
allowed. Utilization of work breaks shall occur at the times designated
herein by the department director, and there shall be no accumulation
of time for work breaks not taken. Breaks shall be taken at the work
site.
