AG 2009 09 21 - Laserfiche WebLink

Home Browse Search

Nonexempt employees may not accrue more than 240 hours of compensatory time. Once 240 hours have been accrued, the employee will be paid for additional overtime hours of work according to the provisions of Section 6 above. The 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 will be at one and a half times the regular rate earned by the employee at the time the employee receives payment. Non exempt employees who have accrued compensatory time will, upon termination of employment, be paid for 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. An employee who has requested the use of accrued compensatory time off 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. Such determination 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 load management. A department head may require the scheduled use of accrued compensatory time. Any employee exempt from the FLSA minimum wage and overtime compensation requirements may be granted compensatory time at the discretion of the department head. Compensatory time for such employees shall not exceed an hour-for-hour exchange for all hours worked over 40 in a normal work week, or in the case of law enforcement personnel 86 hours in a 14 day work period. Such compensatory time will be limited to a maximum cumulative total of 80 hours. Those employees having less than the 80 hour total may continue to be granted compensatory time to the 80 hour limit. Those with 80 hours cannot be granted additional hours until their totals are reduced below the limit by usage. Time sheets should reflect the hours actually worked, but the compensatory time section should be used following the 80 hour limitation. Accrued compensatory time for such employees shall be forfeited at the employee's termination of employment. This policy is not intended to establish a 40 hour work week for exempt personnel. Section 8. Special Provisions Fluctuating Hours -Emergency Medical Services (EMS) An employee whose hours of work fluctuate from week to week may be paid a fixed salary with the understanding that the fixed amount received as straight time pay is compensation for all hours worked, whatever their number and whether few or many. The employee's regular rate is determined each week by dividing the fixed salary by the number of hours worked in that week. The regular rate cannot be less than the minimum wage. Because the employee has been paid straight time compensation for all hours worked, he or she will receive additional overtime compensation for all overtime hours worked over 40 at a rate of at least one- half the regular rate. The FLSA requires an employee understand when the fixed salary for a fluctuating workweek method of payment for work is used. The Memorandum of Understanding -EMS Nonexempt Employee in Section 12 of this Appendix complies with the requirement and is required as a condition of employment. Law Enforcement Section 7(K) of FLSA provides special work periods and overtime thresholds for publicly employed law enforcement personnel, if the local governmental unit establishes an acceptable work period and notes in its 60 F-5 Attachment number 6 Page 279 of 362