Employees who are subject to the overtime requirements of the
Fair Labor Standards Act of 1938, as amended, shall be compensated
in the manner set forth in such act and the regulations duly adopted
pursuant thereto.
A.
Workweek
Designated. The official workweek shall begin at one minute after
twelve a.m. Saturday and end at twelve midnight of the following Friday.
A work week which is different than the work week as set forth
in this subsection may be established for departments, divisions within
departments and individual employees, if requested by a department
director or manager and approved by the city manager, and if documented
in payroll records.
B.
Overtime-Nonexempt
Employees. Nonexempt employees must record their actual time worked
for payroll and benefit purposes from the time work begins and ends,
as well as the beginning and ending time of each meal period. Nonexempt
employees must also record any departure from work for any nonwork-related
reason.
When operating requirements or other needs cannot be met during
regular working hours, an employee may be scheduled to work overtime.
A supervisor must authorize all overtime work in advance. Working
overtime without prior authorization may result in disciplinary action.
Nonexempt employees will be paid time and one-half compensation for
all hours worked in excess of forty hours in one workweek.
Department directors or managers may authorize overtime work
for an employee. Unless otherwise agreed to, work in excess of forty
hours in a workweek shall be considered overtime work.
Vacation leave and sick leave hours shall not be considered
hours worked in the computation of overtime. Overtime work performed
by an employee shall be compensated by payment at the rate of one
and one-half times the employees' regular rate of pay for the workweek
in which overtime was worked.
(Ord. 1072, 2004; Ord. 1121 § 1, 2006)
In lieu of overtime pay, comp time off or "CTO" may be granted
to employees up to a maximum of forty hours, at the discretion of
management.
A request to use CTO made at least five days in advance shall
be presumed reasonable and shall be granted unless such use will unduly
disrupt the operations of the city. An undue disruption is any event
or circumstance which will cause the department to be unable to provide
an acceptable level of service to the public if the employee is absent,
such as a holiday, special event, widespread illness, or other unusual
event.
Earned compensatory time off shall be taken as soon as possible
after the date that it is earned. However, earned compensatory time
off not taken within ninety calendar days of such overtime work shall
be cashed out.
Calculating Compensatory Time Off. When CTO is granted in place
of overtime pay, it is calculated at one and one-half times the employee's
regular rate of pay for all hours worked over forty in a work week,
or two at the employee's regular rate of pay for all hours worked
over eight in a day.
(Ord. 1072, 2004)
Whenever a nonexempt employee is scheduled for uncontrolled
standby duty such employee will be considered to be on-call. "On-call"
means and includes that period of time, other than regularly scheduled
work time, during which an employee may be called back to provide
services that are the responsibility of the department in which the
employee is employed.
During this period of "on-call", the employee is free to engage
in the employee's regular activities so long as the employee is available
to respond by phone or beeper within a reasonable period of time,
typically one hour, and is in a condition to work.
Such employee shall be compensated by a payment at the employee's
regular rate of pay in the workweek in which standby duty was incurred
in accordance with the following:
A.
Two
hours per day, each weekday;
(Ord. 1072, 2004)
"Callback" means and includes those occasions when a nonexempt
employee reports to duty during off-duty hours responding to a city
request made after the employee has completed the normal shift and
left the work station.
For purposes of callback, time spent by the employee in traveling
to and from the employee's place of residence to the work area shall
not be considered hours worked.
Whenever a nonexempt employee is called back for duty during
off hours, such employee shall be credited with a minimum of two hours
work time plus time actually worked in excess of two hours.
Such employee shall be compensated by a payment at the rate
of one and one-half times the employee's regular rate of pay in the
workweek that callback duty incurred.
(Ord. 1072, 2004)
