(a) All non-exempt employees will receive overtime pay for all hours worked in excess of forty (40) hours in a workweek or hours worked in excess of their regularly scheduled working time of eight (8) hours (or ten (10) hours) in a workday. Overtime pay is calculated by multiplying the employee's regular rate of pay by one and one-half times the number of overtime hours worked. The workweek for calculating overtime pay will be a seven (7) day workweek beginning on Saturday at 12:00 a.m. An employee's use of accrued hours for sick leave, vacation leave or compensatory time in a workweek will be included when calculating overtime compensation.
(b) The Village may designate certain administrative, executive and professional employees as being exempt from overtime pay based on the guidelines of the Fair Labor Standards Act. Such employees shall be notified of their exempt status by the Village Administrator. Although these employees are not eligible for overtime pay consideration, the Village Administrator or his/her designee may consider schedule adjustments or provide additional compensation for working holidays and/or additional hours in excess of forty (40) in a workweek. The Village shall review the duties and responsibilities of its employees from time to time as it deems appropriate to determine whether said employees are exempt or nonexempt for the purpose of overtime compensation. Such review shall include the nature of the work, duties, minimum qualifications and such other content-related work characteristics for each employee.
(c) All non-exempt employees may elect to take compensatory time in lieu of cash payment for overtime hours. Such compensatory time may accrue up to, but not exceed, 120 hours (i.e., 80-over-time hours times the overtime rate of one and one-half times overtime hours worked equals 120). Compensatory time must be taken within the calendar year earned at a time convenient to the employee and Village. The balance remaining on the last pay period of each year shall be paid out in full at the employee's current hourly rate before the end of that year.
(1) The Village will not accept the transfer of any compensatory time where said compensatory time was accumulated during employment with another public employer.
(d) When an employee elects to use compensatory time earned, he/she shall submit such request to the Village Administrator no less than 48 hours prior to its use. Scheduling of such compensatory time shall be at the discretion of the Village Administrator and/or employee's supervisor and based upon staffing and operation needs of the Village.
(e) Upon termination, the employee shall be compensated for all earned but unused compensatory time at his/her current hourly rate or his/her average rate of pay over the last three years, whichever is higher.
(f) Employees are instructed to not begin work early or perform work beyond their scheduled quitting time without the approval of their immediate supervisor, the Village Administrator, or the Mayor. Employees who work overtime without advance approval, except
in extenuating circumstances, may be subject to discipline.
(Ord. 2021-27. Passed 12-6-21.)