§ 39.129  EXEMPT AND NONEXEMPT EMPLOYEES; OVERTIME AND COMPENSATORY TIME.
   (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 the language of the respective collective bargaining agreements.
   (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 shall have the option of accruing compensatory time off or receiving 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.
   (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)