Under the Federal Fair Labor Standards Act,[1] certain employees in managerial, supervisory, administrative,
computer, or professional positions are exempt from the provisions
of the Act.
Overtime in the amount of time and one-half shall be paid to all
nonexempt employees for time worked in excess of the employee's
standard workweek, in accordance with the Fair Labor Standards Act.
Exempt employees may be eligible for overtime compensation when such
compensation is required pursuant to the terms of a duly approved
collective bargaining agreement or an individual employment agreement,
or is otherwise authorized pursuant to the Township's personnel
policies and procedures.
Where applicable, compensatory time shall accrue and be granted in
lieu of overtime when such time is consistent with the Fair Labor
Standards Act and/or is permitted by the terms of a duly approved
collective bargaining agreement.
Flex-time is time that is worked in addition to an employee's
regularly scheduled hours during a workweek for unique or extraordinary
circumstances that can be used as paid time off.
Flex-time shall not be provided to nonexempt employees in a manner
that limits or contravenes the employee's rights under the Fair
Labor Standards Act.
Except in emergency situations and unless otherwise provided under
the terms of a duly approved collective bargaining agreement or individual
contract, flex-time must be approved by the Township Administrator
or her designee prior to being worked, or in the case of public safety
employees, by the Chief of Police or the Fire Chief.
The Township Committee shall develop and implement policies and procedures
consistent with this subsection governing the accrual and use of flex-time,
which shall be incorporated into the Employee Handbook. Additionally,
the Chief of Police shall provide, on an annual basis, a report to
the Township Committee detailing the amount of flex-time awarded to
and used by eligible employees.
Flex-time must be used within the calendar year in which it is earned,
or if earned in the last four months of the calendar year, by the
following June 30; otherwise, it is forfeited.
Accrued, unused flex-time is not compensable upon retirement, resignation,
or discharge, cannot be used to extend an employee's termination
date, and cannot be converted into any other form of leave time.
The Township shall have the discretion to grant or deny an employee's
request for the use of flex-time, based on operational needs. Use
of accrued flex-time must be scheduled and approved in the same manner
as an employee's request for vacation leave. Use of accrued flex-time
shall not be granted when the use of said flex-time will require other
Township employees to work overtime.