§ 6.15.070. FLSA Overtime Pay and FLSA Time and One-Half Compensatory Time Off.

A.

Qualifications for Overtime at the FLSA Overtime Rate. Overtime authorized for payment shall be paid at the FLSA Overtime rate provided in this section if the total hours actually worked by a Covered Employee exceed whichever of the following is applicable, providing that paid leave time, except for holidays, shall not be counted as hours worked:

1.

40 hours during the Workweek; or

2.

The maximum hours allowed for any other Work Period permitted by the Federal Fair Labor Standards Act.

B.

Computation of FLSA Overtime for Represented Employees. Overtime meeting the qualifications set forth in subsection A shall be accumulated, accrued and compensated in accordance with the provisions of the applicable memorandum of understanding.

C.

Computation of the FLSA Overtime Hourly Rate for Nonrepresented Employees. Payment for overtime meeting the qualifications set forth in subsection A shall be calculated as follows:

1.

Determine the straight-time hourly rate as specified in Section 6.15.060;

2.

Determine the regular hourly rate by:

a.

Calculating the straight-rate earnings by multiplying the straight-time hourly rate by the total number of hours actually worked in the Workweek or Work Period. Hours worked do not include paid or unpaid leaves or holidays,

b.

Summing other earnings for the Workweek or Work Period, including bonuses that are not included in the straight-time hourly rate,

c.

Add the totals calculated in paragraphs a and b above to arrive at a grand total. Then divide the grand total by the total number of hours actually worked. The result of this calculation is the regular hourly rate,

d.

Divide the regular hourly rate obtained in paragraph c above by two; then add the quotient to the straight-time hourly rate determined in paragraph a above. The result is the hourly rate at which FLSA Overtime shall be compensated.

D.

FLSA Time and One-Half Compensatory Time Off.

1.

Nonrepresented Covered Employees who enter into an agreement with the appointing authority prior to working assigned FLSA Overtime may elect to:

a.

Accumulate FLSA compensatory time off, in lieu of FLSA Overtime pay, at the rate of one and one-half hours for each hour of FLSA Overtime worked not to exceed the maximum accumulation of hours allowed by the FLSA; or

b.

Receive pay for each hour of FLSA Overtime worked, at the straight-time hourly rate for one hour and accumulate the remaining one-half hour as FLSA compensatory time off, not to exceed the maximum allowed by the FLSA.

c.

Accumulate FLSA compensatory time off, in lieu of FLSA Overtime pay, at the rate of one hour for each hour of FLSA Overtime worked and receive pay for the remaining half-hour at the employee's FLSA regular hourly rate in effect as of the date of payment.

d.

The amount of FLSA compensatory time off accumulated by an employee shall not exceed the number of hours established in advance by the chief administrative officer for fiscal purposes.

2.

The FLSA Overtime hours and half-hours of compensatory time off accumulated pursuant to subsection A1 above shall be recorded in two separate accounts, one for the straight-time portion and another for the half-time portion. Employees with balances in these accounts may use them on an hour-for-hour basis to cover leaves of absence with pay with the approval of the appointing authority.

3.

Carryover and Payment of Excess Accumulated FLSA Compensatory Time Off.

a.

Carryover. Accumulated FLSA compensatory time off not taken off in the calendar year in which it was earned may be carried over to the next year.

b.

Payment of Excess Accumulated FLSA Compensatory Time Off. Any accumulated FLSA compensatory time off carried over to the following calendar year which has not been used during that calendar year is excess compensatory time off and shall be paid to the employee. The excess accumulated straight-time portion shall be paid at the employee's straight-time hourly rate in effect as of the date of payment and the excess accumulated half-time portion shall be paid at the employee's FLSA regular hourly rate in effect as of the date of payment.

4.

Payment of Accrued FLSA Compensatory Time Off Upon Permanent Assignment From a Covered Class to an Exempt Classification or Upon Termination From Service. When a Covered Employee is permanently assigned to an exempt classification or is terminated from county service, any accumulated FLSA compensatory time off shall be paid in accordance with the provisions in subsection D3 above.

(Ord. 2019-0007 § 4, 2019; Ord. 93-0019 § 12 (part), 1993.)