BC 2009 09 21 Regular Meeting - Laserfiche WebLink

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September 21, 2009 (Regular Meeting) Page 1610 one work period applicable to all of its employees, or have different work periods for different employees or groups o£ employees. The official workweek for the Civilian Telecommunicator position begins on Thursday at 7:00 AM and ends the following Thursday at 6:59 AM. Regular Rate The regular rate is the equivalent hourly rate at which an employee is actually paid for normal, non overtime hours. The regular rate includes base pay, merit pay, career incentives pay, longevity pay, on call pay and all other pay actually received. The regular rate does not include gifts, pay for annual leave or sick leave, certain discretionary bonuses, contributions to fringe benefits or, as stipulated in an employment contract, extra bona fide premium compensation for working overtime, for working Saturdays, Sundays and holidays, and for working hours outside the normal workweek or workday if at least one and one-half times the normal rate is paid. When pay in addition to the base salary is paid to an employee for a weekly period, the bonus is added to the employee's other earnings before the regular rate is determined. Where the additional pay is paid for a longer period of time, the County may temporarily disregard the bonus and just pay overtime pay at one and one-half times the regular rates. When the additional pay can be ascertained, it is apportioned back over the workweeks of the period during which the additional pay was earned by the employee. The employee then receives additional overtime pay for each workweek overtime was worked. The extra pay does not affect the use of compensatory time off nor entitle the employee to additional compensatory time off. Employee Overtime - General Policy All nonexempt employees other than fire protection and law enforcement employees must be paid at least one and one-half times his or her regular rate of pay for all hours worked over 40 in a workweek. Eire protection and law enforcement employees are paid overtime pay after the applicable threshold for their designated work period, not to exceed 2e days, under FLSA Section 7(k). However, compensatory time off may be given in lieu of overtime compensation according to the provisions of Section 7 below. Any overtime incurred by an employee must be approved through the head of the department in which the overtime takes place. FLSA requires that the minimum wage for any overtime due an 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. An employer cannot average the hours of work by an employee over two or more workweeks, even if the employee is paid every two or more weeks. Section 7. Compensatory Time Nonexempt employees shall receive compensatory time off, in lieu of overtime compensation, at a rate of not less than one and one-half hours for 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 FLSA requires an employee - employer agreement when overtime is treated as compensatory time in lieu of cash payment for nonexempt employees. The Memorandum of Understanding - Nonexempt Employee Compensatory Time in Section 12 of this Appendix complies with the requirement and is required as a condition of employment. Nonexempt employees may not accrue more than 240 hours of compensatory time. Once 290 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 hal£ 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