In accordance with the Fair Labor Standards Act, exempt employees receive a salary and are not compensated for overtime for working more than forty (40) hours in a work week.
Non-exempt employees are compensated for overtime at the rate of one and one-half (1 ½) times their regular hourly rate for all hours actually worked beyond forty (40) hours in a work week. Emergency Medical Services employees engaged in fire protection or law enforcement may be paid overtime on a "work period" basis as permitted by law. Holidays, vacation and other time off are not counted in determining the actual hours worked. Nonexempt employees must receive permission and approval to work overtime. Working overtime without permission can lead to disciplinary action, up to and including termination. Compensatory time may be substituted for overtime pay at the County's discretion. Emergency Medical Services employees are not eligible for compensatory time, except for non-scheduled overtime. (See the Compensatory Time policy below.)
Based on budgetary constraints and concern for an employee's work/life balance the County will avoid overtime hours whenever possible. However, there will be times when overtime will be necessary, due to workload requirements and it will be an essential function of the job when necessary. Normally, overtime will be assigned to the individuals whose job description entails the responsibility of the duty.
There will be times when certain departments will be required to work overtime due to emergency situations, including Sundays and holidays. This compensation structure will be addressed in the department's collective bargaining agreement.
(A) Scheduled overtime. Work requiring overtime hours to be completed, and which is foreseeable, will be distributed fairly and equitably to employees by supervisors. Hours worked will be recorded on the employee's timesheet for the week in which the time is worked. If an employee has personal commitments which cannot be avoided, they must notify their supervisor at least three (3) days prior to the time they are scheduled to work to enable the supervisor to make schedule changes. If the supervisor cannot make the change without negatively impacting the performance of the work, the employee will be required to work.
(B) Unscheduled overtime. Sometimes, overtime hours will be required to handle an unforeseen or emergency work situation. Under those circumstances the assignment of overtime will be made to the employees best qualified to perform the work. The supervisor or the supervisor's designee will assign the overtime schedule and the schedule will not be subject to change. For Emergency Medical Service employees if additional employees are needed to fill a shift full time employee will be asked if they would like to volunteer to fill the shift. If no one volunteers a full-time employee will be required to work the unscheduled overtime. Emergency Medical Service full time employees who volunteer or are assigned to work unscheduled overtime will be permitted to accumulate compensatory time in lieu of overtime pay.