(A) A nonexempt employee shall not perform any work outside of their normal work hours unless the work has been approved in advance by their 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, email, 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 shall be compensated for all work that they perform 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, or the accrual of compensatory time shall be governed by the Compensatory Time Policy and the Overtime Policy within this chapter. All nonexempt employees shall keep track of any time spent working outside of their normal working hours and report that time in accordance with this chapter.
(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 chapter, with the explicit expectation for it to be used outside of normal working hours on an ongoing basis, shall communicate each workweek with their 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 shall 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,” they shall report it immediately to the Mayor. Any supervisor that has required, or is attempting to require, “off the clock” work shall be subject to disciplinary action.
(Ord. 5-11-2023-A, passed 6-8-2023)