BC 2009 09 21 Regular Meeting - Laserfiche WebLink

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September 21, 2009 (Regular Meeting) Page 1609 personal activities when not busy. Duty of More than 24 hours An employee on duty for 29 hours or longer may agree with the County to exclude bona fide meal and sleep time from the hours worked. It is the position of the County that agreement to exclude bona fide meal and sleep time by the employee is implied as a condition of employment. If the sleep or mealtime is interrupted, the length of the interruption is counted as hours worked. The employee must get at least five hours sleep within a designated sleep period. The sleep does not have to be continuous but must be of reasonable periods in length. A minimum of five and maximum of eight hours sleep time, and meal time, may be subtracted from hours worked in any 29-hour period. This is true even if the employee chooses to use paid time off during that 24-hour tour of duty. Section 9. Travel Time Whether travel time is considered as hours worked depends on the circumstances: (a) Home To Work. An employee who travels from home before the regular workday and returns home at the end of the workday is engaged in ordinary home to work travel which is a normal incident of employment. This is true whether they work at a fixed location or at different job sites. Normal travel from home to work is not work time. (b) Home To Work On Special One Day Assignments In Another City. When an employee who regularly works at a fixed location in one city is given a special one-day assignment in another city, such travel cannot be regarded as home-to-work travel. It is performed for the County's benefit and the County's request to meet the needs of a particular assignment. All the time involved, however, does not have to be counted as work time. Since, except for the special assignment, the employee would have to have had to report to his or her regular job, the usual time required to travel to and from work may be deducted as well as the usual meal time, when computing the number of hours worked in that work day. Further, when the employee's special one-day assignment extends above and beyond the normal working hours, those hours are counted as hours worked. This is true whether the employee drives or is a passenger in the travel. (c) Travel That Is All In The Day's Work. Time spent by an employee in travel as part of his or her principal activity, such as travel from job site to job site during the workday, must be counted as hours worked. When an employee is required to report at the County's premises, or at a meeting place, to receive instructions or to perform other work there, the travel time from this designated place to the work place is part of the day's work and must be counted as hours worked. For example, if an employee normally finished work at a particular job site at 5:00 PM, but is required to go to another job which is finished at 8:00 PM, and then is required to return to the employer's premises arriving at 9:00 PM, all of the time is working time. However, if the employee goes home instead of returning to the employer's premises, the travel after 8:00 PM is home-to- work travel and is not counted as hours worked. (d) Overnight Travel. Travel that keeps an employee away from home overnight is travel away from home. All overnight travel is not considered work time under the FLSA, however, the County elects to pay for actual and reasonable travel as work hours. Section 5. Minimum Wage All non exempt employees of a local governmental unit may not be paid less than the current federal or state minimum wage, whichever is higher. Section 6. Overtime Official Workweek The official workweek for all county employees, except law enforcement personnel, is 90 hours over a seven day, 168 hour consecutive work period. The official work period for law enforcement employees is 86 hours over a period of 19 consecutive days. The official work period for all county employees begins on Friday at 12:01 AM and ends on Thursday at 12:00 midnight, unless excepted below. The workweek, once established, may not be changed unless the change is intended to be permanent. The County may have