A. Overtime
shall be discouraged; however, the appointing authority may require
an employee to work overtime when necessary for the protection of
persons or property or in other circumstances when the public interest
requires overtime work.
B. Except
as otherwise provided, employees required to work in excess of eight
hours per day or 40 hours per week shall be compensated for such overtime
with pay at one and one-half times the hourly rate or by compensating
time off on the basis of one and one-half hours off for each hour
of overtime worked. If the department is unable to schedule and grant
time off within one year from the date the overtime was performed,
cash payment shall be made in lieu of compensating time.
C. All
absences with pay except sick leave shall be counted as time worked.
Time worked in excess of eight hours in a day shall not be counted
in determining whether an employee has worked in excess of 40 hours
in a week.
D. Part-time employees shall be compensated for overtime at their regular hourly rate or one hour of compensating time off for each hour worked in excess of their normal work day or week; provided, however, for work performed in excess of eight hours per day or 40 hours per week, they shall be compensated as provided in subsection
B.
E. Employees
covered by the provisions of the Fair Labor Standards Act shall be
paid for hours worked as prescribed by the act.
F. Employees
who promote into a management job classification and who have accumulated
CTO prior to the promotion, shall be paid for the accumulated CTO
upon promotion into the management classification and at the employee's
rate of pay at the time of payment.
(SCC 226 § 2, 1975; SCC
1104 § 7, 1998; SCC 1588 § 1,
2015)
a. Employees in executive, administrative or professional positions shall be exempt from the overtime provisions of Section
2.78.520.
b. The determination as to which positions are exempt from Section
2.78.520 shall be made by the Director of Personnel Management in accordance with the Fair Labor Standards Act, except that no position shall be designated exempt that receives time and one-half overtime pay pursuant to Section
2.78.520 or any labor agreement. Exempt employees shall be paid on a salary basis. Such employees shall regularly receive each pay period a predetermined salary constituting all or part of the employee's compensation which amount is not subject to reduction because of variation in the quality or quantity of the work performed. Such employees pay shall not be subject to deductions for absences of less than one day.
c. Employees
in classes which have been designated "exempt-cto" by the Board of
Supervisors in the annual salary ordinance shall accrue one hour of
compensating time off for each hour worked in excess of eight hours
per day or 40 hours per week. Unless provided otherwise by applicable
labor agreements, if the department is unable to schedule and grant
time off within one year from the date the overtime was performed,
the Department head shall authorize cash payment in lieu of compensating
time.
d. Employees
in classes which have been designated "exempt" by the Board of Supervisors
in the annual salary ordinance shall not accrue compensating time
off or earn overtime pay for time worked in excess of eight hours
per day or 40 hours per week, but shall be expected to work whatever
time reasonably is required to perform the duties of their positions.
Such employees are authorized, subject to approval of their immediate
supervisors, to take reasonable time off for personal use during normal
working hours without loss of compensation.
(SCC 226 § 2, 1975; SCC
641 § 1, 1986; SCC 0822 § 1,
1991; SCC 0966 § 1, 1994; SCC 1159 § 1, 2000)
Overtime work shall be allowed and compensated only in accordance
with the departmental overtime policy, which shall be prepared by
each appointing authority and approved by the County Executive or
the Board of Supervisors. Overtime may be authorized only by designated
supervisory personnel. Employees who work overtime shall promptly
and accurately report such time in the manner prescribed by the departmental
overtime policy. Overtime shall be distributed fairly among employees
insofar as circumstances permit. Accurate records of all overtime
worked shall be kept by each department.
(SCC 226 § 2, 1975)
Employees assigned to a four-day workweek schedule normally
shall work ten hours per day, four days per week. Four-day workweeks
shall be subject to the following policies:
a. Employees shall earn overtime compensation in accordance with Sections
2.78.520,
2.78.525 and
2.78.530, except that such overtime shall be earned when employees work in excess of ten hours per day or forty hours per week.
c. Vacation leave with pay shall be accrued and taken in accordance with Section
2.78.730.
d. Employees
participating in a four-day workweek shall be granted the day off
in accordance with Section 2.78.110 if a holiday falls on an employee's
scheduled workday, except that the remaining two hours must be taken
off as leave without pay, or from accumulated compensating time off
or accumulated vacation time. If a holiday falls on an employee's
scheduled day off during the normal Monday through Friday workweek,
the employee shall accrue eight hours' compensating time off.
e. Employees who work in a unit for which the normal work schedules include Saturdays, Sundays and holidays shall accrue eight hours' holiday time every four weeks, in accordance with subdivision (b) of Section
2.78.710, except that the in-lieu days off shall be for a ten-hour workday.
f. All
other County rules and policies, including but limited to the requirements
of this chapter, shall apply to employees who work a ten-hour day/forty-hour
workweek in the same manner as such provisions apply to employees
who work a regular eight-hour day/forty hour workweek.
g. No four-day
workweeks shall be scheduled without the express approval of the Board
of Supervisors, or its designated representative. All requests for
four-day workweeks shall be made to the County Executive, or his designated
representative. The County Executive, or his designated representative,
shall recommend to the Board of Supervisors approval of four-day workweek
schedules which the County Executive deems appropriate.
(SCC 226 § 2, 1975)
Employees in the following classes shall be exempt from the provisions of subsection
(a) of Section
2.78.490 and subsection
(b) of Section
2.78.520:
c. Census
crew leader (PEP);
(SCC 226 § 2, 1975)
a. An appointing
authority, with the prior approval of the County Executive, may approve
requests of unrepresented employees in their department to work a
9/80 work schedule.
b. For
employees who do not receive time and one-half overtime pay, the workweek
will remain from 12:00 a.m. on Sunday to 12:00 a.m. the following
Sunday, a period of seven consecutive twenty-four hour periods.
1. For
these employees, the 9/80 work schedule is a schedule which during
one week of the bi-weekly pay period the employee is scheduled to
work four nine-hour workshifts for a total of thirty-six hours, and
during the other week of the pay period, is scheduled to work four
nine-hour workshifts and one eight-hour shift.
2. For
these employees working the 9/80 work schedule who are eligible to
earn straight-time overtime, overtime shall be earned when the employee
is required to work in excess of nine hours when normally scheduled
to work the nine-hour workshift, and in excess of eight hours when
normally scheduled to work the eight-hour workshift. Overtime shall
also be earned when an employee eligible for overtime is required
to work in excess of thirty-six hours during the week the employee
is scheduled to work thirty-six hours, or in excess of forty-four
hours during the week the employee is scheduled to work forty-four
hours.
c. For employees who do receive time and one-half overtime pay, the individual employee's workweek must be redesignated by the County so that it commences in the middle of the eight-hour workshift as described in subsection
(b)(1) above. This redesignated workweek must be in writing and specifically state the day of the week and time of day that the workweek commences and the effective date of the redesignated workweek. This must be completed and approved prior to the employee working the 9/80 schedule, and be filed in the employee's personnel file. This redesignated workweek must be changed prior to the employee altering the day of the week or time of day that the eight-hour workshift occurs; the redesignated workweek must always commence during the middle of the eight hour workshift. This redesignated workweek must also be changed back to the standard Sunday through Saturday workweek upon the employee moving off of the 9/80 schedule.
1. For
these employees, the 9/80 work schedule is a schedule in which during
each redesignated work-week the employee works four nine-hour workshifts
and one four-hour workshift. The two four-hour workshifts are worked
consecutively in a manner to constitute one eight-hour work period,
similar to the eight-hour workshift provided in subsection (b)(1)
above.
2. For
these employees overtime shall be earned when the employee is required
to work in excess of nine hours when normally scheduled to work the
nine-hour workshift, and in excess of forty hours during the designated
workweek. Additionally, overtime will be earned when the employee
is required to work more than four hours when normally scheduled to
work either of the four-hour workshifts.
d. Employees working a 9/80 schedule shall take an unpaid meal period in the middle of their nine-hour and eight-hour workshifts, or between the two four-hour workshifts, as provided in Section
2.78.555. Employees may receive one rest period during the first half of the employee's nine-hour or eight-hour work shift and one rest period during the second half of the nine-hour or eight-hour workshift, as provided in Section
2.78.550. Employees who work two four-hour workshifts may receive one rest period during each four-hour workshift.
e. An employee
shall be granted a holiday that falls on the employee's scheduled
eight-hour workshift. If the holiday falls on the scheduled nine-hour
workshift, the remaining hour must be taken off as leave first from
accumulated compensating time off or holiday in lieu, and second from
accumulated vacation time; and, if there are no leave balances, then
leave without pay. If the holiday falls when the employee is scheduled
to work the two four-hour workshifts, then both four-hour workshifts
shall be deemed to be the holiday. If a holiday falls on an employee's
scheduled day off, the employee shall accrue eight hours compensating
time off.
f. Full
shift absences on vacation, sick leave, compensating time off, or
holiday in lieu taken by employees on a scheduled nine-hour workshift
shall result in the deduction of nine hours from the employee's accrued
leave balances. Full shift absences on the eight-hour workshift shall
result in the deduction of eight hours from the employee's accrued
leave balances. Full shift absences from either four-hour workshift
shall result in the deduction of four hours from the employees accrued
leave balances.
g. Employees
may return to the standard five-day, forty-hour workweek upon the
approval of their appointing authority.
h. The
appointing authority shall have the right to return employees to the
standard five-day, forty-hour workweek schedule after providing advance
written notice of two full pay periods to the affected employees.
(SCC 0840 § 1, 1991; SCC
0846 § 1, 1991)