(A) Employees of the city can be requested and may be required to work overtime hours as necessitated by the needs of the city and determined by the department head, with the prior approval of the City Manager. The standard workweek (168 consecutive hours) for the city is Wednesday, 12:01 a.m. to Tuesday 12:00 midnight. With approval of the City Manager, the standard workweek may be changed at the request of the department head(s).
(B) To the extent that local governmental jurisdictions are so required, the city will comply with the Fair Labor Standards Act (FLSA). The City Manager, assisted by the personnel specialist, shall determine which jobs are “non exempt” and are therefore subject to the Act in areas such as hours of work and work periods, rates of overtime compensation, and other provisions. Non-exempt employees will be paid at a straight time rate for hours up to the FLSA established limit for their position (usually 40 hours in a 7-day period; hours for public safety personnel may be different). Hours worked by non-exempt employees beyond the FLSA established limit will be compensated in either time or pay at the appropriate overtime rate. Compensatory time may be granted if requested by the employee and approved by the Department Head. In no event shall the amount of compensatory time exceed the maximum accumulation of compensatory time for each department, except that in emergency and/or special situations the City Manager may approve additional compensatory time over and above the maximum allowed. Non-exempt employees who have accumulated the maximum amount of compensatory time will be paid for all hours worked. Maximum accumulation of compensatory time shall be set as follows:
Personnel
|
Maximum Accumulation of Compensatory Time
|
Exempt personnel | 60 hours |
Non-exempt personnel | 80 hours |
Public safety - fire | 240 hours |
Public safety - police | 240 hours |
(C) In determining eligibility for overtime in a work period, only hours actually worked shall be considered; in no event will vacation, sick leave, compensatory time taken, or holidays be included in the computation of hours worked for FLSA purposes. Whenever practicable, departments will schedule time off on an hour for hour basis within the applicable work period for non-exempt employees, instead of paying overtime. When time off within the work period cannot be granted, overtime worked will be paid in accordance with the FLSA.
(D) In emergency situations, where employees are required to work long and continuous hours, the City Manager may approve compensation at time and one half for those hours worked and/or grant time off with pay for rest and recuperation to ensure safe working conditions.
(E) Employees in positions determined to be “exempt” from the FLSA (as executive, administrative, or professional staff) will not receive pay for hours worked in excess of their normal work periods. These employees will be granted compensatory leave by their department heads where the convenience of the department allows and in accordance with procedures established by the City Manager. Such compensatory time is not guaranteed to be taken and ends without compensation upon separation from the organization.
(Ord. passed 5-17-94; Am. Ord. passed 11-17-98; Am. Ord. passed 11-16-99; Am. Ord. passed 1-17-02; Am. Ord. passed 2-18-14)