§ 2-758. Federal policies—Wage and hour.

Federal and state laws control hours worked and overtime compensation for certain categories of employees. The human resources department is responsible for ensuring that all directors and supervisors are regularly informed of, and abide by, statutory regulations.

(1)

Non-exempt employees. Each employee must report hours worked and absences on appropriate forms (i.e., time sheet and/or time card). Supervisors are responsible for seeing that all non-exempt employees report all hours worked.

Hours worked in determining overtime payment for any one work week consist of:

a.

Hours actually worked.

b.

Authorized and required lectures, meetings, training programs, and similar job-related activities.

Attendance at lectures, meetings, and training programs are not considered time worked if:

a.

The employee's attendance is outside regular working hours.

b.

The employee's attendance is voluntary, i.e., not required by the county.

c.

The course, lecture, or meeting is not directly related to the employee's job; and

d.

The employee does not perform any productive work during such attendance.

Employees not exempt from the provisions of federal statutes regarding overtime payment are compensated for all hours worked and all hours of excused paid absence.

Overtime must be approved by the director and/or supervisor prior to the work being performed.

In most cases where employees earn overtime, the time will be compensated in compensatory time off. Compensatory time off is used in lieu of monetary payment for overtime hours worked by non-exempt employees. Time off must be given within a reasonable time after the employee requests it. Compensatory time off must be at the rate of time and one-half. Compensatory time off should be agreed upon by the director and/or supervisor and the employee.

a.

Typical compensated overtime situations may be hours to satisfy regular job requirements, or special projects.

b.

If an employee consistently works long hours to accomplish responsibilities, the workload should be examined to determine if overtime is compensable and if there exists a need to restructure the job.

(2)

Exempt employees. Federal statutes define exempt employees under professional, executive sales and administrative classifications, which are not covered by the provisions in the law requiring certain overtime payments.

a.

Exempt employees are paid on a salaried basis that normally is considered as full compensation for all hours worked.

b.

The human resources department is responsible for classifying employees in accordance with definitions.

(3)

Compensatory time. In accordance with the Fair Labor Standards Act, the county grants employees compensatory time off in lieu of compensation for time worked in excess of 40 hours in a workweek. Compensatory time will be granted at time and one-half for all time worked in excess of 40 hours. Accrued compensatory time may be used within a reasonable period of time after making the request if the use of compensatory time does not unduly disrupt the operations of the department. Compensatory time shall be cumulative to a maximum of 240 hours (160 hours of actual overtime worked) for all eligible county employees. No hours of compensatory time may be accrued beyond the maximum of 240 hours; except under the following circumstances: If the work of an employee for which compensatory time may be provided included work in a public safety activity, an emergency response activity, or a seasonal activity, the employee engaged in such work may accrue not more than 480 hours of compensatory time (320 hours of actual overtime worked). All accrued compensatory time must be used by June 30 of each year.

(Ord. No. O-16-8-101 , § 1(Exh. A), 9-26-16)