§ 36.124 WORK PERFORMED BY NONEXEMPT EMPLOYEES OUTSIDE OF NORMAL WORKING HOURS.
   (A)   A nonexempt employee will not perform any work outside of his or her normal work hours unless the work has been approved in advance by his or her supervisor. In addition to all time the employee is required to be on the work premises or at an assigned work location. WORK also means any effort whether physical or mental exerted by the employee for the benefit of the city, including, but not limited to, travel time to and from an off-site work location and any time spent by the employee using the phone, emailing, text messaging or other electronic communications for the purposes of the city regardless of the time of day or the location where such effort is expended.
   (B)   Under both federal and state law, a nonexempt employee will be compensated for all work that he or she performs for the city. Any work performed, including work performed outside of normal working hours by a nonexempt employee in a single workweek that results in overtime, will be governed by the overtime policy within this handbook. All nonexempt employees will keep track of any time spent working outside of their normal working hours and report that time in accordance with this handbook.
   (C)   A nonexempt employee that has the service of an electronic device paid for by the city as allowed by the mobile telephones and communication devices policy within this handbook, with the explicit expectation for it to be used outside of normal working hours on an ongoing basis, will communicate each workweek with his or her supervisor if the inclusion of such time will result or appears it could result in overtime so that appropriate action may be taken to avoid overtime if possible.
   (D)   No employee will be required, encouraged or expected to work OFF THE CLOCK, which is defined as not tracking or reporting time worked. If any employee has been required to work “off the clock,” he or she will immediately report it to the Mayor. Any supervisor that has required or is attempting to require “off the clock” work will be subject to disciplinary action.