(A) When operating requirements or other needs cannot be met during regular working hours, nonexempt employees may be given the opportunity for overtime work assignments. All overtime work over two hours per week must receive prior authorization from a department head, the Clerk-Treasurer or the President of the Town Council.
(B) Overtime compensation for all nonexempt employees will be paid in accordance with federal and state wage and hour restrictions for any time worked over 40 hours in a workweek.
(C) Overtime pay is based on actual hours worked. An employee’s time off while using vacation benefits, holidays, bereavement leave, jury duty or any other type of paid leave will be considered hours worked for purposes of performing overtime calculations. An employee’s use of sick leave or compensatory time will not be considered hours worked for the purposes of performing overtime calculations.
(D) In lieu of paying overtime to eligible nonexempt employees, the town may recognize the use of compensatory time. Compensatory time will be paid at one and one-half hours worked over 40 hours in a standard workweek. Nonexempt employees may accumulate up to 40 hours of compensatory time per calendar year. Employees must request the use of compensatory time from their department head or the Clerk-Treasurer. All compensatory time must be used or paid out within the year that the overtime was earned, except that up to 40 hours of compensation time may be carried over to the following year.
(E) Upon termination of employment, employees will be paid for all earned, but unused compensatory time in accordance with the standards set forth in the Fair Labor Standards Act (FLSA), at the regular hourly wage rate in effect at the time of the termination. Compensatory time may not be used to extend an employee’s date of termination with the town.
(F) Each department may utilize nonexempt employees’ time differently within the framework of the 40-hour workweek. For this reason, a nonexempt employee’s department head or the Clerk-Treasurer will have the discretion to permit individual nonexempt employees to arrive or depart earlier or later, to work through part of a lunch period and otherwise adjust their nonexempt employees’ schedules to meet demands of the department, while adhering to the 40-hour workweek. All flex-time must be cleared within the same pay period.
(G) Refer to the town employee handbook for additional information on overtime/compensatory time/flex time.
(Ord. 2023-12-2, passed 12-28-2023)