Overtime work is work in addition to the established schedule of hours of work per week and shall be kept to a minimum. Compensation for overtime, upon approval of the Mayor, shall be awarded to full-time, hourly employees by the terms of the following sub-sections, in accordance to the terms and conditions set forth in the Fair Labor Standards Amendments, codified in 29 CFR 553.
(a) Overtime Awarded as Compensation Time. Compensation for overtime worked shall be awarded in Comp-time in lieu of monetary compensation. Comp-time shall be credited at the rate of one and one-half (1.5) hours per hour of overtime worked and may be accrued; provided, however, such accrual shall not exceed two hundred and forty hours (240) hours in case of all Village employees, with the exception of Village police officers. Village police officers shall not be permitted to accumulate more than four-hundred and eighty (480) hours of Comp-time. Any employee who has accrued Comp-time in excess of the maximum amount allowed shall be paid overtime compensation at a rate of one and one-half (1.5) times their regular rate of pay for any additional overtime hours worked. The use of comp-time shall be governed by the same rules and terms of vacation time, as specified in Section 145.14(c).
(b) Comp Time Limited to Full-time Employees. Part-time employees shall not receive overtime compensation in any form.
(c) Compensation Made Once per Period Worked. Overtime compensation, when required, will not be paid more than once for the same day or hours. This section does not apply to department heads, officials, or clerical employees.
(d) Compensation upon Termination. Upon termination of employment, an employee who has accrued overtime compensation time shall be paid for the unused compensation time at a rate of compensation not less than the greater of:
(1) The average regular rate received by such employee during the last three (3) years of the employee's employment, or
(2) The final regular rate received by such employee.
(e) Details Not Addressed. Any detail, rule, requirement, prohibition, recommendation, term, condition, or issue not addressed by this Section shall be governed by the terms and conditions set forth in the Fair Labor Standards Amendments, codified in 29 CFR 553.
(f) Federal Preemption. It is the intent of the Village to comply with Fair Labor Standards Amendments, codified in 29 CFR 553. In the event that Federal or State laws and/or rules governing Overtime Compensation are more stringent, those rules or laws shall govern. Should any Federal or State law or rule supersede any portion of this chapter, only the portion in question shall be modified and the remainder of the chapter shall remain in full effect.
(Ord. 5-19-725. Passed 5-1-19.)