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a.The following provisions shall not apply to positions designated as Management in the annual salary schedule. Where the provisions of this Section conflict with the Fair Labor Standards Act, the provisions of this Section shall prevail, so long as benefits under this Section meet the minimum requirements of the Fair Labor Standards Act. Under no circumstance shall an employee receive benefits under this Section and the Fair Labor Standards Act.

b. Definition and Authorization.

1.Weekly overtime shall be defined as all hours worked in a pay status in excess of the 40-hour workweek for general non management, and 56 hours for uniformed operations fire personnel.

2.Daily overtime shall be defined as hours worked in excess of the applicable scheduled 8-hour or 10-hour workday for the classifications of Police Officer and Sergeant.

3.In order to be eligible for overtime compensation, the overtime must be authorized beforehand by the department head or designated representative.

4.For purposes of determining overtime, time worked is any time in a pay status.

c. Compensation.

1.Except as provided below or set forth in the appropriate memorandum of understanding, all overtime authorized and worked shall, at the employee’s discretion, be compensated in either cash at time-and-one-half the employee’s regular rate of pay, or compensatory time off at time-and-one-half the number of hours worked. The rate of pay for the purpose of computing overtime shall include, if applicable, the following pay types: regular base pay, cash-in-lieu, educational incentive pay, and additional salary. The regular rate of pay used for computing overtime worked shall be the rate that was applicable at the time the overtime was worked. Employees must notify their departments of their selection between cash and compensatory time off before the payroll is submitted to the Finance Department for the pay period in question. If the employee does not indicate a preference, the overtime hours will be paid.

2.Compensatory time off earned under this Section is limited to a maximum, depending upon bargaining group, as established by memorandum of understanding. Compensatory time off earned in excess of these limits shall be paid in cash to the employee at the employee’s current prevailing rate of pay as defined above.

3.All use of compensatory time off shall be scheduled and approved in advance by the department head or designated representative.

d. Disposition of Accrued Compensatory Time Off Upon Promotion or Reclassification.Should an employee be promoted or reclassified from a classification which is eligible to receive compensatory time off to a classification which is ineligible to receive overtime and accrue compensatory time off, the employee shall be given the following options for disposing of any accrued compensatory time off which they possess at the time such a change in classification occurs.

1.The employee may receive pay for the accrued bank of compensatory time off (overtime) at the base rate of pay they received in their prior classification; or

2.The employee may elect to retain the bank of accrued compensatory time (overtime) for use until June 30th of the current fiscal year, when any remaining balance shall be paid. If the promoted or reclassified employee selects this option, the rate used for calculation of the accrued overtime shall be the employee’s regular rate of pay in the former classification at the time of promotion or reclassification.