(A) (1) When operating requirements or other needs cannot be met during regular working hours, employees will be given the opportunity for overtime work assignments. All overtime work must receive the department head’s prior authorization and approval. Overtime assignments will be distributed as equitably as practical to all employees qualified to perform the required work.
(2) Overtime compensation will be paid to nonexempt employees in accordance with federal and state wage and hour restrictions for any time worked over 40-hours in a standard workweek. Overtime pay is based on actual hours worked. Vacation, holidays, and bereavement leave will be considered hours worked for purposes of performing overtime calculations. However, all other paid time off, e.g., sick leave benefits, personal hour benefits, and the like, will not be considered hours worked for the purpose of performing overtime calculations.
(B) Compensatory time.
(1) In lieu of paying overtime to eligible employees, the town may recognize the use of “compensatory time” for nonexempt employees. Compensatory time will be paid at one and one-half hours for each hour worked over 40-hours in a standard workweek. Employees must request the use of compensatory time from their direct supervisor. Department heads will keep verifiable records of overtime worked which will include the date, hours worked, reason for the overtime and a record of compensatory time used. Employees will be permitted to use compensatory time off as long as the use of compensatory time does not “unduly disrupt” the operation of the town.
(2) All compensatory time must be used during the year in which it was earned and may not be carried over from year-to-year. Nonexempt employees will be paid out for any unused compensatory time at the end of the calendar year. Upon termination of employment, employees will be paid for all accrued, but unused compensatory time in accordance with the standards set forth in the Fair Labor Standards Act (FLSA).
(3) Eligible employees will receive compensation based on their regular pay rate in effect when the compensatory time off is actually taken. The town may also elect to apply earned compensatory time off to hours missed due to a personal leave of absence, short workweeks, layoffs, and medical leaves, if not covered by paid vacation, sick leave benefits, or personal hour benefits. In periods of slow work, it may be necessary to schedule time off, to which earned compensatory time will be applied.
(C) Flex time. In certain situations, an employee may request permission from his or her direct supervisor to work an adjusted or flexible work schedule. The schedule must not cause a reduction in the ability of that employee’s department to properly perform its duties and responsibilities and is considered time for time taken within the same workweek. Further, the establishment of a flexible schedule will not result in the need to hire other employees, or the use of overtime to cover those “traditional” hours not worked by the employee working a flexible schedule. A flexible schedule may allow for nonexempt employees to work more than eight-hours in a day but must not exceed 40 hours in a week. Nonexempt employees will be eligible for overtime pay for all hours worked in excess of 40 hours in one workweek.
(D) Police Department employees.
(1) Police officers are required to provide protection 24 hours a day, seven days per week. In light of the special responsibilities that the Police Department has in providing continuous, uninterrupted service, special policies apply to the methods in which overtime is provided.
(2) Full-time police officers of the Police Department who are engaged in law enforcement activities will be compensated in accordance with the Section 7(k) partial overtime pay exemption of the Fair Labor Standards Act (FLSA), In conjunction with the use of Section 7(k), the town further adopts the use of a 14-day “work period” for the purposes of determining compensation for overtime hours worked. Based upon the forgoing, the annual base pay rate for full-time employees of the Police Department as set forth in the town’s annual salary ordinance constitutes straight-time compensation for all regularly scheduled hours of employment during each “work period.” Full-time police officers of the Police Department will be paid straight time compensation for up to 86 hours of regular employment during each “work period.” Overtime pay will be accrued for all time worked in excess of 86 hours during a “work period.” Overtime earned during a “work period” will be paid in the first regularly scheduled paycheck issued subsequent to the “work period” in which the extra compensation was earned.
(E) Fire Department employees.
(1) The responsibility and work schedule of employees of the Fire Department are dramatically different compared to those of other municipal departments. In light of the special demands placed on members of the Fire Department, certain special policies and procedures have been adopted to fairly address the needs of the Department.
(2) Full-time employees of the Fire Department who are engaged in fire protection activities may be compensated in accordance with the Section 7(k) partial overtime pay exemption of the Fair Labor Standards Act (FLSA). In conjunction with the use of Section 7(k), the town further adopts the use of a 14-day “work period” for the purposes of determining compensation for overtime hours worked. Based upon the forgoing, the annual base pay rate for full-time employees of the Fire Department as set forth in the town’s annual salary ordinance constitutes straight-time compensation for all regularly scheduled hours of employment during each “work period.” All full-time employees of the Fire Department will be paid overtime pay at the rate of one and one-half times the regular rate for all hours worked in excess of 106 hours during the work period. Overtime earned during a “work period” will be paid in the first regularly scheduled paycheck issued subsequent to the “work period” in which the extra compensation was earned.
(Ord. 2020-26, passed 1-12-21)