BC 2009 09 21 Regular Meeting - Laserfiche WebLink

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September 21, 2009 (Regular Meeting) Section 3. Hours Worked Page 1608 Hours worked include any time an employee is required to be on duty, on County premises, at a designated workplace for the County, and all times where the employee is suffered or permitted to work. Hours worked also include any work done on or away from the working premise, if the supervisor or County has reason to believe or knows that work is being done. Furthermore, the supervisor or County cannot unjustly benefit from work performed without knowledge. Holidays, Annual Leave, and Sick Leave Holidays, annual leave and sick leave are not counted as hours worked for the purpose of computing overtime, even though they are paid hours. Training Time Required attendance at training sessions, workshops and other meetings, whether before, during or after the employee's regular work period, is work time. Voluntary attendance at training sessions, workshops and other meetings is not work time if the following conditions are met: (a)Attendance is outside the employee's regular working hours, (b)Attendance is in fact voluntary, (c)The course, lecture or event is not directly related to the employee's job, and (d)The employee does not perform any productive work during such attendance. Training to maintain certification required by the state is generally not considered hours of work under the FLSA. Grievance Time The time an employee spends during the regular work period adjusting a grievance under the County's Grievance Procedure, Discriminatory and Adverse Action Appeal policy is work time. Time spent outside the employee's regular work period is work time if the employee's attendance is required by the County. On Ca11 The time an employee spends "waiting to be engaged", where an employee is free to go about personal pursuits with the understanding that they can be contacted, is not considered hours worked. When an employee is called out on a job assignment, only the time actually spent on the assignment is counted as hours worked. In cases where calls are so frequent or the waiting conditions so restrictive that the employee is not free to use the intervening periods effectively for personal purposes, then the employee is considered to be "engaged to wait" and the time is counted as hours worked. For an employee on call and required to remain at home and is also uninterrupted for long periods of time, the department head will determine a reasonable amount of time to credit as work hours. The time spent answering calls and the restriction on the ability to engage in personal activities will be used in reaching this determination. Meals and Rest Periods A bona fide meal period is not counted as hours worked or as time paid. Such a period consists of at least 30 consecutive minutes during which the employee is completely relieved of duties. When meal periods are frequently interrupted, the employee is not considered to be relieved of all duties, and the meal periods are counted as hours worked. Rest periods or breaks of short duration, from five to 20 minutes, must be counted as hours worked. They are not required by the law or guaranteed and they are taken work load permitting. Missed rest period time cannot be accumulated and taken at a later date. Rest periods are not combined with a meal period. Duty of Less than 29 hours An employee on duty for a period of less than 29 hours is considered to be working even though the employee may be allowed to sleep or engage in other