(a) Eligibility.
(1) Except as otherwise provided in this section, an employee identified by the Personnel Officer as entitled to receive overtime compensation pursuant to the Fair Labor Standards Act, 29 U.S.C. §§ 207 et seq., shall be paid overtime compensation as specified under the Fair Labor Standards Act and Office of Personnel policies and procedures.
(2) An employee subject to a memorandum of agreement negotiated and signed under Title 4, between the County and an exclusive representative, shall be paid overtime compensation in accordance with the memorandum of agreement.
(3) An employee entitled to receive overtime compensation under the Fair Labor Standards Act and a memorandum of agreement shall receive whichever amount of overtime is greater.
(b) Compensatory time in lieu of overtime – Represented employees. Employees represented by a certified employee organization may receive compensatory time in lieu of overtime compensation if authorized by and at the rate specified in the applicable collective bargaining agreement.
(c) Compensatory time in lieu of overtime – Non-represented employees. Except as provided in subsection (d), employees not represented by a certified employee organization, but otherwise entitled to receive overtime compensation pursuant to the Fair Labor Standards Act, may receive compensatory time in lieu of overtime compensation at the rate of 1.5 times the number of hours worked in excess of the normal work day if the employee and the appointing authority have reached agreement to that effect prior to the work being actually performed.
(d) Partial overtime exemption. Employees in classifications to which the partial overtime exemption applies under 29 U.S.C. § 207(k) but not represented by a certified employee organization shall receive overtime compensation at the rate of 1.5 times the number of hours worked beyond the statutory maximum for the applicable work cycle and may receive compensatory time in lieu of overtime compensation if the employee and the appointing authority have reached agreement to that effect prior to the work being actually performed.
(e) Maximum accrual of compensatory time. Employees otherwise entitled to receive overtime compensation under this section, who are not represented by a certified employee organization, may not accrue more than 120 hours of compensatory time in a fiscal year. Compensatory time not used within the fiscal year in which it is earned shall be converted to overtime compensation and paid at the same rate before the end of the fiscal year.
(f) Premium pay. In this subsection, "premium pay" includes overtime, acting-out-of-class pay, and call-in pay. Non-represented employees entitled to receive premium pay are not entitled to duplication or pyramiding in the computation of premium pay or other premium wages. If more than one premium pay is applicable to any time worked by an employee, the employee shall be paid at the higher rate.
(1985 Code, Art. 8, § 1-207) (Bill No. 73-92; Bill No. 65-97; Bill No. 43-00; Bill No. 86-04; Bill No. 66-12; Bill No. 82-12; Bill No. 48-15; Bill No. 27-16; Bill No. 51-22)