AG 2009 09 21 - Laserfiche WebLink

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and law enforcement employees are paid overtime pay after the applicable threshold for their designated work period, not to exceed 28 clays, under PISA Section 7(k). However, €er•-etrt}~leyees-ell-er•-tlnt-~-l~-et~feEeetne-~t a+tcl-~A4S~ersetmel; compensatory time off may be given in lieu of overtime compensation according to the provisions of Section H7 belowof-tlte~ge-t-+~t-Wet+t--Fe4~y. Any ove-time incurred by an employee must be aplfroved through the head of the department i-t which the overtime takes place. FLSA requires that the minimum wage for any overtime due au employee be determined on the basis of the hours worked in each workweek and that the compensation earned by an employee in a particular workweek be paid on the regular payday for the pay period in which the workweek ends. Au employer cannot average the hours of work by an employee over t,vo or more wo-•kweeks, even if the employee is paid eve-y hvo ot• more weeks. Section 67. Comneusatory Time Non-exempt employees shall receive contpensato-y time off, iu lieu of overtime compensation, at a rate of not less than ate and one-half hours fot• each hour of employment under which the overtime compensation is earned. Compensatory time off may be given only where the employee has not accrued compensatory time off in excess of the prescribed limits established by the Fair Labor Standards Act. (see below) The f:LSA requires an employee -employer agreement when overtiutc is treated as compensatory time in lieu of cash payment for non-exempt employees. The Memorandum of lJnde-standing -Nonexempt Gnployee Compensatory Time in Section 12 of this Appendix complies with the requirement and is required as a condition of employment. ~cletxt •',.,°.,' ~,°°~' . ° +-;e-seh e• Non-exempt ~entployees , ey-r~espet~s~er-se-tset~ t+ret~ett~tety-tit-~emay not accrue -nore than 240 hours of compensatory time. Once 240 hours have been accrued, the employee sl-a-h- will be paid for additional overtime hours of work according to the provisions of Section 3G abovee€-tlj° "'~••~ ~•~~"'~u~a}iey ,A~I~et~heac#-+x-ry-request-at~rl-tThe County Manager may approve payment of overtime in lieu of compensatory time when it is determined to be in the best interest of the County. Payment sltftl~will be atone and a half times the regular rate earned by the employee at the time the employee receives suelt-payment. Non- exempt employees who have accrued compensatory Buie-sltftll will, upon termination of employment, be paid fa• the unused compensatory time at a rate of compensation equal to: (a) The average regular rate received by the employee during the last three years of the employee's employment, or (b) The final regular rate received by the employee, whichever is greater. Any employee who has -•equested the use of accrued compensatory time off s#n4l-will be permitted to use the time within a reasonable period after the request, as long as such use does not unduly disrupt the operations of the County. epee#ie-~a#=tl-e-}~u1~ie-aget~ey-Such determination slurN will be based on the facts and circumstances of each individual case. Prior supervisor approval is required. The County or the employee's supervisor may require an employee to use accrued compensatory time as part of work land management. A department head may require the scheduled use of accrued compensatory time. ~ltu~-e-net-geuey-tne~ieat-seri~iee-ant-i-ifr~~r-ettfereet»et~t-l~ersc~rtrtel; wht~ec~k-s-ei3 13e1~1~~4ay~-3uuElays-t~ • rliiuf~lay-lout-dee~rmt-we-~le-eve:=-tl3e e~itisl~ec~--rt++»l~e-=-e#' iieur-s-for-tlmt-wipe-~ic~d-beefarse-e~helic#ay-artttt~Neai~t--si~r~t-m}~reeeiite 69 Attachment number 4 Page 197 of 362 F-5