§ 36.198  OVERTIME.
   The employee’s supervisor must approve all overtime in advance.
   (A)   Overtime pay for all non-exempt firefighting personnel assigned to24/48 shift duty shall be calculated pursuant to this policy using a declared 28-day work period as allowed by § 207(k) of the FLSA.  Overtime pay for hours worked in excess of 212 hours per 28-day work period shall be calculated as provided below.
   (B)   The salary received by shift personnel is designated to cover all regularly scheduled hours worked during the 28-day work period.  Overtime for regularly scheduled hours worked by shift personnel shall be calculated using the "half-time method" allowed for firefighters for all regularly scheduled hours worked in excess of 212 hours during the 28-day period, up to 216 or 240 hours per 28-day period inaccordance with the regularly scheduled shifts.  As an example, if the regularly scheduled shift hours equal 216 in the 28-day period, the firefighter will receive his or her regular salary plus four hours at one-half times the firefighter's regular hourly rate of pay.  If the regularly scheduled shift hours during the 28-day period equal 240 hours, the firefighter will receive his or her regular salary plus 28 hours times one-half of the firefighter's regular hourly rate of pay.
   (C)   All hours worked in excess of the firefighter's regularly scheduled shift hours (excluding voluntary trade time discussed below) shall be compensated pursuant to the compensatory time and overtime policy set forth above.
   (D)   Hours worked by any shift personnel who voluntarily agrees to substitute for another shift employee during that employee's scheduled work hours shall be excluded from the calculation of the hours otherwise eligible for overtime compensation as provided for by the FLSA.
   (E)   In the event any portion of this policy is in conflict with the FLSA or its regulations, any conflicting portion shall be stricken, and the remainder of this policy shall remain in full force and effect as supplemented by applicable provisions of the FLSA.
   (F)   Overtime pay for 40 hour full- time firefighter(s) will be given after eight hours per day or 40 hours of work per week has been worked.  Overtime shall be paid at one and one- half times the rate.
   (G)   Overtime pay for part-time firefighters will be given after 106 hours in a 14- day work period.  Overtime shall be paid at one and one-half times the rate.
   (H)   For purposes of determining when to pay overtime, only those hours actually worked during the work period will be considered.  P.T.O. time, vacation time, sick time or any time off for any reason, shall not be included in the hourly calculation.
(Ord. 05-04, passed 2-28-2005; Am. Ord. 06-14, passed 9-11-2006)