(a) Every employee, excluding salaried employees and summer recreational employees, shall be paid overtime compensation at the rate of one and one-half times the employee’s regular pay for each hour compensated over forty hours per week. Sick leave hours used shall be considered as hours worked in determining hours compensated for overtime compensation.
(b) Any employee who is not scheduled to work on a Sunday or Holiday (as defined in Section 147.14
) and who is called out due to unusual or emergency situation, shall be compensated at two times the employee’s regular pay regardless of the number of hours worked during the week.
(c) Nothing herein shall be construed as entitling any individual to work a sufficient number of hours to obtain overtime pay. No employee shall be entitled to work overtime unless it is authorized by the department head prior to the time of work, other than in cases of an emergency. When an emergency arises wherein overtime work is necessitated, overtime may be worked without the authorization of the department head. The determination of whether or not an emergency exists shall be made by the department head based upon past practices of the department in similar situations.
(d) When an emergency is declared by the Mayor, any department head who shall be required to work in excess of forty-five hours per week shall be entitled to be compensated as follows:
(1) At a rate equivalent to their hourly rate based on a forty hour week, or
(2) Compensatory time for any work in excess of forty-five hours per week.
(e) Work performed and compensated pursuant to subsection (a) and (b) herein above shall be compensated at the employee’s election either at:
(1) For work performed under subsection (a) at the rate of one and one-half times the employee’s regular hourly rate for all overtime or,
(2) For work performed pursuant to subsection (b) at a rate of two times the employee’s regular hourly rate or,
(3) Compensatory time computed at the rates set forth in (e)(1) or (2) as applicable to be taken in the future as approved by the department head.
(f) It is the intention of this legislation that any time options or other compensation provided for in this legislation be consistent with the Fair Labor Standards Act as it may from time to time be amended.
(Ord. 2001-6. Passed 2-19-01.)
(Ord. 2001-6. Passed 2-19-01.)