(a) Overtime Pay. Overtime pay shall be provided to non-exempt employees at a rate of one and one-half times the normal rate for all hours compensated in excess of the basic work week.
(b) Exempt Employees. Employees in management/administrative positions are salaried employees. Such employees are exempt under the Fair Labor Standards Act (FLSA) and, as such, are not entitled to overtime pay. A list of these exempt positions will be held by the Human Resource Manager.
(c) Generally, exempt employees work a schedule to meet the needs of their supervisor and shall not be required to take sick leave, personal leave or vacation leave in increments of less than two hours. (All other applicable guidelines under FLSA shall apply to these exempt employees.)
(d) Non-Exempt Employees. All other management/administrative employees who have been determined to be non-exempt under the Fair Labor Standards Act (FLSA) shall be entitled to overtime pay.
(e) Hourly Rate. The hourly rate shall be arrived at by dividing the number of hours worked in the basic work year into the person's annual rate of pay.
(f) Fire Department Rate. In the case of the Fire Department, the hourly rate shall be determined by dividing 2,080 hours into the annual rate of pay.
(g) Call-Outs. Work performed outside the regular work schedule, unless such work is an extension of the day's work, or without prior notice upon leaving work on the previous day, shall constitute a call-out.
Call-outs shall be paid at the time and one-half rate, with a minimum guarantee of three hours at the time and one-half rate, except as noted in the following paragraphs.
Any employee who takes an unauthorized absence for part or all of a regularly scheduled workday and then responds to a call-out the same day, without working over the normal workday, including the time worked for the call-out and any other time worked for the respective day, shall be paid at the regular rate of pay with a minimum guarantee of two hours at that rate. However, if the combined work for the call-out and the other regularly scheduled work during the day exceeds the normal workweek, then the employee shall be paid at the time and one-half rate for any time worked over the normal workweek. If call-out work is performed prior to the start of the regular work shift and continues into the regular shift, the pay rate shall revert to straight time at the start of the regular shift and shall continue at that rate for eight working hours.
Additional overtime worked during the workweek shall then be compensated for at the time and one-half rate.
Part-time employees are not eligible for call out overtime.
(h) Compensatory Time. Non-exempt employees shall have the option to take compensatory time off in lieu of overtime pay; noting that said compensatory time off will be earned at a rate of one and one-half times the number of hours worked. All compensatory time off will be subject to scheduling approval of the immediate supervisor. No employee can accumulate a balance of more than sixty hours of compensatory time (seventy-two hours for Assistant Fire Chiefs working a fifty-four hour work week). Compensatory time must be taken within twelve months of being accrued. In extenuating circumstances, where an employee is not permitted to take compensatory time due to City operational responsibilities, the City Manager may extend the twelve month time limit.
(Ord. A-2065. Passed 12-23-96; Ord. A-2113. Passed 12-22-97; Ord. A-2164. Passed 4-26-99; Ord. A-2192. Passed 12-13-99; Ord. A-2282. Passed 12-10-01; Ord. A-2324. Passed 11-25-02; Ord. A-2341. Passed 2-24-03; Ord. A-2422. Passed 1-24-05; Ord. A-2434. Passed 5-9-05; Ord. A-2464. Passed 12-12-05; Ord. A-2485. Passed 6-26-06; Ord. A-2501. Passed 12-11-06; Ord. A-2544. Passed 12-10-07; Ord. A-2594. Passed 12-8-08; Ord. A-2614. Passed 6-22-09; Ord. A-2630. Passed 12-14-09; Ord. A-2705. Passed 12-12-11; Ord. A-2727. Passed 7-9-12; Ord. A-2778. Passed 12-9-13; Ord. A-2805. Passed 12-8-14; Ord. A- 2841. Passed 12-14-15; Ord. A-2884. Passed 12- -16; Ord. A-2912. Passed 12-11-17; Ord. A-3000. Passed 3-23-20; Ord. A-3014. Passed 8-24-20; Ord. A-3000. Passed 3-23-20; Ord. A-3014. Passed 8-24-10; Ord. A-3111. Passed 11-28-22.)