§ 30.051  OVERTIME.
   (A)   In emergencies and other circumstances, consistent with the maintenance of essential county services, a department head may, with the approval of the County Judge/Executive, have employees work overtime. Employees called to work over and above normal work hours shall be paid a minimum of one and one-half their pay at their regular rate of pay.
   (B)   In order to determine whether an employee will receive overtime pay for hours worked in excess of 37.5 hours per week (except Road Department and Fire Department personnel who will adhere to their internal overtime procedures as approved by the County Judge/Executive), each class shall be declared “EXEMPT” or “NON-EXEMPT” under the provisions of federal and state wage and hour laws. Exempt employees shall not receive overtime pay. Non-exempt employees shall receive overtime pay at a rate of one and one-half times the hourly wage for the actual hours worked in excess of a normal work week (over 40 hours). Non-exempt employees will receive their regular hourly pay for actual hours worked in excess of 37.5, but less than 40.
      (1)   Any county employee who serves in a policy making position shall be deemed an exempt employee. These individuals may accrue compensatory time, at an hour for hour rate, for work performed over and above the hours worked in a normal workweek (37.5 hours or 40 hours, if applicable). Upon written request and agreement, a non-exempt employee may be granted compensatory time in lieu of overtime pay. Public safety employees are allowed to accrue up to 100 hours of compensatory time in one fiscal year. All other employees are allowed to accrue up to 50 hours of compensatory time in one fiscal year. Additional hours of work will be paid upon recommendation by the department head and approval of the County Judge/Executive.
      (2)   Exempt positions shall include, but not be limited to, the following:
         (a)   Deputy Judge/Executive;
         (b)   Director of Planning and Zoning;
         (c)   Road Supervisor;
         (d)   Fire Chief;
         (e)   Treasurer;
         (f)   Maintenance Director;
         (g)   Lakeview Park Director;
         (h)   Human Resources Director; and
         (i)   Any other position exempt per state or federal law.
   (C)   Time off with pay (including vacation leave, sick leave, holidays, jury duty, funeral leave and the like) may not be considered as hours worked for overtime pay purposes.
   (D)   Employees required to be present at Fiscal Court meetings or committees of the Court relative to county business shall be compensated at the regular rate of pay. A minimum time shall be based on actual time at the meeting.* (*Plus any travel time incurred.)
   (E)   Overtime provisions will apply if the appearance at the meeting causes the employee to accumulate (work) in excess of 40 hours during the workweek.* (*Plus any travel time incurred.)
(Ord. 4-2014, passed 7-31-2014, § 3.17)