Overtime for FLSA Covered Employees Not Covered Under a Collective Bargaining Agreement
Non-represented FLSA covered employees must be compensated for all hours worked over forty (40) in a workweek. Compensation can be in the form of cash payment at time and one-half or compensatory time off providing the guidelines under Compensatory Time Off are followed.
Paid absences during the workweek shall not be considered as time worked for the purpose of computing weekly overtime.
Due to the unique nature of these operations, Emergency Communication Supervisors employed in the Bureau of Emergency Communications and serving on a 24-hour schedule shall be eligible for overtime based on all hours paid over forty in a workweek, excluding paid sick leave.
FLSA Exempt employees are not eligible for overtime.
FLSA Covered/FLSA Non-Exempt employees are eligible for overtime.
Represented employees are covered by a collective bargaining agreement.
Non-represented are employees not covered by a collective bargaining agreement.
FLSA Status of Employees
Classification & Compensation will determine the FLSA status of any particular employee according to the FLSA standards. The status of a classification is indicated in the Compensation Plan under the heading FLSA. C/Y indicates that an employee is covered by the FLSA and is eligible for overtime. E/N indicates that an employee is exempt from FLSA coverage and not eligible for overtime.
Expectation Regarding Use of Overtime
Overtime results in additional personnel costs and bureaus are expected to effectively manage the use of overtime and ensure it is used as efficiently as possible.
Authorization of Overtime
Bureaus will designate those supervisory employees and managers who are authorized to approve overtime. Overtime must be pre-approved and FLSA covered employees may not authorize their own overtime. FLSA covered employees are not authorized to check their City email account or perform time entry or time entry review activities outside of their normally scheduled or approved work hours. Such activity outside of regular work hours must be preauthorized by the employee’s supervisor as work that must be performed during these times.
Unauthorized overtime hours worked by an FLSA covered employee will be paid. However, such unauthorized work may subject the employee to disciplinary action.
Compensatory Time Off
Employees' ability to receive compensatory time in lieu of overtime pay is at the discretion of the Bureau. Bureaus, however, cannot require that employees take compensatory time in lieu of overtime compensation. Compensatory time can only be provided if authorized by the employee in writing or by the exclusive bargaining representative in a collective bargaining agreement or memorandum of agreement. Such authorization shall be in effect until withdrawn in writing by the employee.
Compensatory time shall be credited at the rate of one and one-half hours for each hour of overtime worked.
Maximum Accrual of Compensatory Time Off
Accrual of compensatory time off may not exceed eighty (80) hours in a calendar year. Any accrued but unused compensatory time remaining at the end of a calendar year will be paid in cash or carried over into the next calendar year, at the employee’s option. Any compensatory time carried forward into the next calendar year will count against that calendar year's total accrual.
Using Compensatory Time
Compensatory time off will be arranged by mutual agreement between the employee and the supervisor. Compensatory time off must be allowed providing the employee has provided reasonable advance notice to a supervisor and the time off will not unduly disrupt the bureau’s operations. The need to hire an employee on overtime to fill in for the employee on compensatory time off does not necessarily constitute undue disruption, in and of itself.
Transfer of Employees with Accrued Compensatory Time
If an employee transfers to another bureau or separates from City employment, all accrued compensatory time will be paid in cash or used before such transfer or separation.
Compensation for Call Back
An FLSA covered employee responding to a call back shall be compensated for actual time on the job at the overtime rate. When actual time on the job is less than one and three tenths hours (1-3/10), it shall be reported as one and three tenths hours (1-3/10) at time and one-half. If the call back occurs on a holiday, the employee is entitled to pay for eight (8) hours at the regular rate in addition to overtime for actual time on the job.
Work Schedule Changes
An employee normally shall be given adequate advance notice of any ongoing change to regular hours of work. If that notice is given less than eight (8) hours before the employees is to begin work under the changed schedule, the employee shall be compensated at the overtime rate for those hours that are earlier, later or different than the hours the employee last worked in a work day. Compensation under this Section shall not exceed eight (8) hours at the overtime rate. An employee is not entitled to compensation at the overtime rate under this Section if otherwise entitled to overtime for the same hours of work.
Overtime compensation under this section is not applicable to short-term schedule modifications such as work schedule changes made in response to an inclement weather event unless otherwise required by law.
Annual Reporting of Overtime Use
Bureau Directors will provide an annual report to their Commissioner-in-Charge that provides, at a minimum, the classifications working overtime and the amount of overtime and/or compensatory time earned.
Adopted by Council March 6, 2002, Ordinance No. 176302
Effective April 5, 2002
Revised September 16, 2005
Revised October 19, 2010
Revised November 4, 2011
Revised February 13, 2019
Adopted by Council March 4, 2020, Ordinance No. 189873
Effective January 1, 2020