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New employees under the city’s classification and pay plan may be placed in a step above step 1. Any placement above step 1 must be approved by the director of human resources. Any placement above step 5 must also be approved by the mayor. Upon recommendation of the director of human resources and approval of the mayor, salary step adjustments may be made for incumbents affected by entrance salary placements.
(1957 Rev. Ords., § 2.212; 1992 Code, § 30-100) (Ord. 2669, passed 3-3-1970; Ord. 99-84, passed 6-25-1984; Ord. 87-91, passed 11-25-1991; Ord. 37-95, passed 3-6-1995; Ord. 87-97, passed 12-2-1997; Ord. 9-99, passed 1-4-1999; Ord. 28-00, passed 4-10-2000; Ord. 4-01, passed 1-8-2001)
(a) A nonexempt employee not represented by a collective bargaining unit who is assigned duties by the city to a position with a higher maximum rate of pay than that of the nonexempt employee’s regular assigned salary scale shall receive an acting pay differential of $1 per hour in addition to their regular base hourly rate of pay, for all hours actually worked in an acting capacity. The acting pay differential will not be applied to the use of paid time off benefits, or any other type of leave during the acting period. This temporary assignment period and associated salary increase shall not exceed six months when the position is vacant.
(b) Any increase under this section shall be approved by the department head and director of human resources.
(1957 Rev. Ords., § 2.214; 1992 Code, § 30-101) (Ord. 2669, passed 3-3-1970; Ord. 16-84, passed 1-30-1984; Ord. 87-91, passed 11-25-1991; Ord. 32-94, passed 4-11-1994; Ord. 37-95, passed 3-6-1995; Ord. 87-97, passed 12-2-1997; Ord. 131-98, passed 12-7-1998; Ord. 28-00, passed 4-10-2000; Ord. 67-00, passed 8-14-2000; Ord. 4-01, passed 1-8-2001)
An employee who voluntarily resigns from city employment and is reemployed under the provisions of § 39.068 shall be placed into the same pay grade and step for the position held as of the date of resignation. If the reemployed employee is placed into a similar position with an equal or lesser pay grade for which he or she is qualified, he or she shall be placed into the pay grade and step for the position which is closest to but not more than the rate of pay received as of the date of his or her resignation. The employee’s employment anniversary date for purposes of vacation accrual, sick leave and other benefit eligibility shall be the date of his or her reemployment. The employee shall be credited with seniority accumulated in his or her position prior to the separation for purposes of eligibility for future promotional opportunities.
(1957 Rev. Ords., § 2.215; 1992 Code, § 30-102) (Ord. 2669, passed 3-3-1970; Ord. 87-91, passed 11-25-1991; Ord. 28-00, passed 4-10-2000)
(a) Any employee employed in a bona fide executive, administrative or professional capacity is exempt from the wage and hour provisions of the Fair Labor Standards Act. An employee employed in a bona fide executive, administrative or professional capacity shall be paid on a salary basis within the meaning of the FLSA regulations. The employees employed in a bona fide executive, administrative or professional capacity shall be defined as
EXEMPT employees.
(b) Employees who are within the general coverage of the FLSA and are not specifically exempt from the overtime pay requirements shall be defined as
NONEXEMPT employees. The regular hourly rate of pay of a nonexempt employee is determined by dividing his or her total remuneration for employment (except statutory exclusions) in any work week by the total number of hours actually worked by him or her in that work week for which the compensation was paid.
(1957 Rev. Ords., § 2.213; 1992 Code, § 30-103) (Ord. 2669, passed 3-3-1970; Ord. 87-91, passed 11-25-1991; Ord. 32-94, passed 4-11-1994)
(a) Each department shall establish the scheduled hours of work for exempt employees within that department. The workweek shall begin at 12:01 a.m. Monday and end at 12:00 midnight Sunday.
(b) The regular workweek of 40 hours in each seven-day period shall remain in effect for purposes of overtime computation for all nonexempt employees.
(c) The exempt employee shall regularly receive each pay period a predetermined amount constituting all of his or her compensation without regard to the number of days or hours worked, subject to the exceptions listed below.
(1) Deductions from accrual banks may be made when the exempt employee absents himself or herself from work for full days of absence for personal reasons, holidays, sickness or disability.
(2) Deductions of less than one week from the exempt employee’s salary may be made for disciplinary actions.
(3) The exempt employee shall not be paid for any workweek in which he or she performs no work or is not on paid time-off benefit leave.
(4) Exempt employees working under regular part-time agreements shall be paid one-half or prorated equivalent of the established pay grade for the identified classification.
(5) No deductions in hours for exempt employees will be made for absences occasioned by the city or by the operating requirements of the city, absences caused by jury duty, attendance as a witness and for military leave less than a full week in duration.
(6) Flex-time scheduling may be implemented where feasible upon approval of the department head.
(d) No improper pay deductions shall be made from an exempt employee’s salary. Any exempt employee may file a complaint with the human resources department within 30 days of learning of an alleged improper deduction. The human resources department will investigate the complaint to determine if any pay deductions were improper. Exempt employees will be reimbursed for any improper deductions. The human resources department shall communicate the provisions of this section to employees by appropriate means.
(1957 Rev. Ords., § 2.216; 1992 Code, § 30-104) (Ord. 2669, passed 3-3-1970; Ord. 87-91, passed 11-25-1991; Ord. 32-94, passed 4-11-1994; Ord. 87-97, passed 12-2-1997; Ord. 131-98, passed 12-7-1998; Ord. 04-04, passed 1-12-2004; Ord. 4-05, passed 1-10-2005)
(a) Overtime compensation for nonexempt employees who are eligible for representation by a collective bargaining unit shall be accumulated and paid as overtime or compensatory time according to
(b) Overtime compensation for nonexempt employees not represented by a collective bargaining unit who work a 40-hour workweek shall be paid at the rate of time and one-half for hours actually worked in excess of their regularly scheduled workweek. To earn overtime either as pay or compensatory time, an employee must be on duty for the overtime hours. Employees may not use paid leave benefits to accumulate hours worked in excess of 40 hours in a work week, or in excess of the regularly scheduled number of hours in a work day.
(c) For purposes of computing overtime pay for nonexempt employees not represented by a collective bargaining unit, hours actually worked shall include holiday, vacation, personal leave and sick leave.
(d) Nonexempt employees not represented by a collective bargaining unit may accrue compensatory time off or receive monetary compensation for all authorized overtime hours worked in excess of 40 hours per seven-day workweek. Compensatory time shall be awarded at one and one-half times the overtime hours actually worked. In all cases, management shall determine whether to award overtime pay or compensatory time off.
(e) Nonexempt employees not represented by a collective bargaining unit are not required to accrue and maintain a minimum level of compensatory time off before being eligible for overtime pay. Accrued compensatory time may be carried forward from year to year. Nonexempt employees may accrue no more than 160 hours of compensatory time. The 160 hours represents not more than 106.50 hours of actual overtime worked. In case of discharge, resignation in good standing, or retirement or death, the date of employment may not extend beyond the actual working day by designating compensatory paid hours. Compensatory hours unused and remaining in the nonexempt employee’s bank at the time of separation from employment shall be compensated for in cash to the nonexempt employee or to the surviving spouse or, if no spouse survives, to the nonexempt employee’s estate up to a maximum of 160 hours.
(f) Appointive officials and exempt employees not eligible for additional monetary compensation or compensatory time who carry a balance of accrued compensatory time as of May 9, 1994, may carry that balance forward from year to year or may use the compensatory time off in increments of not less than eight hours. Compensatory hours not exceeding 160 hours which are unused and remaining in the mayor, appointed official and exempt employee’s bank at the time of separation from employment with the city shall be compensated for in cash to the exempt employee or to the surviving spouse or, if no spouse survives, the exempt employee’s estate. In case of discharge, resignation in good standing, or retirement or death, the date of employment may not extend beyond the last actual working day by designating compensatory paid hours.
(g) The mayor and appointive officials and all exempt employees must report absences of full days that require the use of a paid time off benefit for record keeping and payroll purposes.
(h) All nonexempt employees must complete a weekly time sheet for reporting, recordkeeping and payroll purposes.
(1957 Rev. Ords., § 2.217; 1992 Code, § 30-105) (Ord. 2669, passed 3-3-1970; Ord. 108-73, passed 12-3-1973; Ord. 64-74, passed 12-2-1974; Ord. 12-82, passed 2-1-1982; Ord. 15-84, passed 1-30-1984; Ord. 32-84, passed 2-21-1984; Ord. 95-84, passed 6-4-1984; Ord. 87-91, passed 11-25-1991; Ord. 32-94, passed 4-11-1994; Ord. 37-95, passed 3-6-1995; Ord. 131-98, passed 12-7-1998; Ord. 115-23, passed 12-5-2023)
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