§ 264.16 OVERTIME; COMPENSATORY TIME.
   (A)   The normal work hours for full-time employees appointed to positions contained in this chapter shall be 40 hours per week, Monday through Friday. Employees covered by this chapter shall receive a one-half hour paid lunch period or a one-half hour unpaid lunch period within an eight hour workday, to be scheduled and/or taken consistent with the operating requirements of the department.
   (B)   Full-time employees appointed to positions in Level 1 and Level 2 (Management Level Positions) have "exempt" status under the Fair Labor Standards Act (FLSA) and are not entitled to overtime. However, Level 1 and 2 employees who are required to work over and above their normal work schedules shall be entitled to paid time off, on an hour for hour basis, for hours that exceed their normal schedule hours, up to a maximum of 200 hours per year. Such hours shall be paid and/or taken prior to December 31st of each calendar year.
   (C)   Notwithstanding anything contained in this division, employees in the Level 1 category hired on or after April 7, 1997, shall not be eligible for any additional compensation and/overtime off for hours worked in excess of their normal work hours as defined above. However, consistent with their salary exempt status, such employees may be scheduled for time-off as may be determined by their supervisors, consistent with operating requirements.
   (D)   Employees classified as Level 3 are non-exempt and accordingly are subject to the Fair Labor Standards Act (FLSA) and as such are entitled to overtime pay or compensatory time at the rate of one and one-half times their hourly rate or hours worked above and beyond their 40 hour work schedule. Except for holiday pay and vacation pay, all other hours paid but not worked shall be excluded in determining the total number of hours worked for the 40 hour work week. Employees who request and obtain approval for compensatory time in lieu of overtime pay shall be permitted to accumulate up to a maximum of 80 hours which includes the straight time and one-half time hours. Any overtime earned in excess of the aforementioned 80 hours shall be paid to the employee, at time and one-half, in the next pay period.
   (E)   Upon retirement or termination of service, all employees shall receive payment for all accumulated compensatory time.
(Ord. 159-04, passed 1-24-2005; Ord. 13-08, passed 1-22-2008; Ord. 148-08, passed 11-3-2008; Ord. 20-13, passed 2-18-2013; Ord. 45-14, passed 10-20-2014; Ord. 27-2018, passed 9-17-2018; Ord. 07- 2020, passed 2-17-2020)