(A) Full-time nonexempt first and second deputy marshals who are engaged in law enforcement activities will be compensated in accordance with the section on partial overtime pay exemption of the Fair Labor Standards Act (FLSA). In conjunction with the use of the section, the town further adopts the use of a 14-day work period for the purpose of determining compensation for overtime hours worked. Full-time nonexempt first and deputy marshals will be paid straight time compensation for up to 80 hours during a work period.
(B) Overtime compensation for all nonexempt first and second deputy marshals will be paid in accordance with federal and state wage and hour restrictions for any time worked over 80 hours in a 14-day period. Overtime pay is based on actual overtime 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 the 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.
(C) In lieu of the payment of overtime, employees of the Police Department may be provided compensatory time in the amount of time and one-half for all hours worked over 80 in a 14-day work period. Nonexempt employees may accumulate up to 40 hours of compensatory time per calendar year. The employee may request the use of compensatory time from the Town Marshal. 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.
(D) The Town Marshal must keep verifiable records of overtime worked which will include the date, hours worked, reason for the overtime and a record of compensatory time earned and used and submit their records to the Town Council monthly.
(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.
(Ord. 2023-12-2, passed 12-28-2023)