(A) (1) Each City employee holds a position that is designated as either “NON-EXEMPT”, “EXEMPT”, or “EXCLUDED” from federal and state wage and hour laws.
(a) 1. “NON-EXEMPT EMPLOYEES” are entitled to overtime pay at the rate of one and one-half or compensation time off at the rate of one and one-half under the specific provisions of federal and state laws.
2. Calculating overtime compensation is based on actual hours worked. Time off on sick leave, vacation leave, personal leave, compensatory time, and bereavement leave shall not be included as time worked for purposes of calculating overtime hours. Time off on holidays shall be counted as hours worked for the purpose of calculating overtime hours, excluding Water Plant Operators.
(b) “EXEMPT EMPLOYEES” are exempt from specific provisions of federal and state wage and hour laws, and are not entitled to overtime compensation or compensatory time off under specific provisions of federal and state laws. Exempt employees must maintain time keeping records to satisfy Indiana statutes governing public employers. To be considered “EXEMPT”, a position must comply with federal regulations and laws regarding exempt status.
(c) “EXCLUDED EMPLOYEES” are specifically excluded from coverage under federal and state wage and hour laws (e.g., elected officials).
(2) A list of city position titles and Fair Labor Standards Act (FLSA) non-exempt, exempt, or excluded status is adopted by reference and attached to the personnel policies handbook.
(3) Calculating overtime compensation is based on actual hours worked. “Overtime” for non-exempt employees is defined as those hours actually worked over 40 hours in any given work week, except call-out time. Time off on sick leave, vacation leave, personal leave, compensatory time, and bereavement leave shall not be included as time worked for purposes of calculating overtime hours. Time off on holidays shall be counted as hours worked for the purpose of calculating overtime hours, excluding Water Plant Operators.
(B) Overtime Pay. Overtime pay shall be figured at one and one-half times the regular hourly pay rate which shall include the base rate plus any other pay above the base rate. This policy applies to all non-exempt employees of the city as determined by the City Council’s designation of jobs for compliance with the Fair Labor Standards Act.
(C) Compensatory Time.
(1) Compensatory time may be substituted for overtime pay and will be awarded at the same rate as overtime pay. Compensatory time shall be requested and approved in advance with the department head. Use of comp-time in lieu of overtime pay must be determined in advance of working overtime.
(2) Non-exempt employees may accrue use of 240 compensatory time hours. After 240 compensatory time hours, mandatory compensation is paid for overtime.
(D) Overtime Approved in Writing. All overtime compensation or compensatory time shall be approved in writing by the employee’s supervisor at the time it is granted. A copy shall be maintained in the department of the employee with a copy provided to the Clerk-Treasurer’s office.
(E) Failure to Work Scheduled Overtime or Overtime without Authorization.
(1) Failure to work scheduled overtime or overtime worked without prior authorization may result in disciplinary action, up to and including termination.
(2) This policy applies to all non-exempt employees of the city as determined by the city’s designation of jobs as “non-exempt” under the FLSA.
(F) Call-Out Time. All non-exempt employees called out by a supervisor to return to the workplace and work unscheduled hours, shall be paid at one and one-half times the regular hourly rate for all call-out hours worked. All “call-out” time shall be designated on payroll vouchers submitted to the Clerk-Treasurer.
(Ord. 2018-16, passed 1-7-19)