Common use of Overtime and Compensatory Time Clause in Contracts

Overtime and Compensatory Time. Section 1. Non-exempt employee means an employee subject to the overtime provisions of the Federal Fair Labor Standard Act and its regulations. Non-exempt employees shall be paid at a rate of 1 1/2 times their regular rate of pay for all authorized time they work over 40 hours per week. Any overtime or compensatory time. must be mutually agreed upon by the employee and management. Section 2. Upon mutual agreement between the employee and Management, a non- exempt employee may be allowed to accrue and use non-exempt compensatory time in lieu of cash overtime. Subsection 1. Compensatory time for non-exempt employees will accrue at the rate of 1 ½ hours for each hour of overtime worked. Subsection 2. Non-exempt compensatory time may not be accrued beyond two hundred and forty hours (240), which represents not more than 160 hours of actual overtime worked. Subsection 3. A non-exempt employee must have the appropriate supervisor's prior approval to accrue or use compensatory time. Subsection 4. Upon termination, unused accumulated non-exempt compensatory time will be paid to the employee at their final regular rate of pay, The Superintendent may approve the use of non-exempt compensatory time to extend an employee’s termination date. Article 8, Section 2 shall be administered in accordance with Federal Fair Labor Standards Act, Federal regulations, and State Policy Overtime and Nonexempt Compensatory Time Policy. Section 3. Exempt employee means an employee in a position designated as executive, administrative, or professional, which is not subject to the overtime pay provisions of the Federal Fair Labor Standards Act and its regulations. Exempt employees shall be given compensatory time under the following provisions: Subsection 1. Compensatory time will be credited on an hour-for-hour basis for all authorized time worked in excess of 40 hours per week. Subsection 2. Compensatory time will be recorded in increments of no less than one-half hour, but all time earned or taken in fractions of one hour shall be accumulated until one hour minimum is attained, at which point the time will be recorded. Subsection 3. Compensatory time may be accumulated to a maximum of 120 hours. Compensatory time in excess of 120 hours will be forfeited if not taken within 90 calendar days from the last day of the calendar year in which the excess was accrued. Subsection 4. Compensatory time shall be earned as approved by the Employer and shall be taken at a time agreeable to the employee and the Employer. Subsection 5. There is no obligation for the Employer to pay out properly classified FLSA exempt compensatory time. Section 4. The Employer shall make a good faith effort to equalize the offer and schedule overtime and compensatory time among employees in the same work unit and classification where training and ability are sufficient to do the work. Section 5. If job-related travel time is scheduled for other than the employee's normal work week, such travel time shall be compensated in accordance with the terms of Article 8.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Overtime and Compensatory Time. Section 1. Non-exempt employee means an employee subject to the overtime provisions of the Federal Fair Labor Standard Act and its regulations. Non-exempt employees shall be paid at a rate of 1 1/2 times their regular rate of pay for all authorized time they work over 40 hours per week. Any overtime or compensatory time. must be mutually agreed upon by the employee and management. Section 2. Upon mutual agreement between the employee and Management, a non- exempt employee may be allowed to accrue and use non-exempt compensatory time in lieu of cash overtime. Subsection 1. Compensatory time for non-exempt employees will accrue at the rate of 1 ½ hours for each hour of overtime worked. Subsection 2. Non-exempt compensatory time may not be accrued beyond two hundred and forty hours (240), which represents not more than 160 hours of actual overtime worked. Subsection 3. A non-exempt employee must have the appropriate supervisor's prior approval to accrue or use compensatory time. Subsection 4. Upon termination, unused accumulated non-exempt compensatory time will be paid to the employee at their final regular rate of pay, or the average regular rate received by such employee during the last three years of employment, whichever is higher. The Superintendent may approve the use of non-exempt compensatory time to extend an employee’s termination date. Article 8, Section 2 shall be administered in accordance with Federal Fair Labor Standards Act, Federal regulations, and State Policy Overtime and Nonexempt Compensatory Time Policy. Section 3. Exempt employee means an employee in a position designated as executive, administrative, or professional, which is not subject to the overtime pay provisions of the Federal Fair Labor Standards Act and its regulations. Exempt employees shall be given compensatory time under the following provisions: Subsection 1. Compensatory time will be credited on an hour-for-hour basis for all authorized time worked in excess of 40 hours per week. Subsection 2. Compensatory time will be recorded in increments of no less than one-half hour, but all time earned or taken in fractions of one hour shall be accumulated until one hour minimum is attained, at which point the time will be recorded. Subsection 3. Compensatory time may be accumulated to a maximum of 120 hours. Compensatory time in excess of 120 hours will be forfeited if not taken within 90 calendar days from the last day of the calendar year in which the excess was accrued. Subsection 4. Compensatory time shall be earned as approved by the Employer and shall be taken at a time agreeable to the employee and the Employer. Subsection 5. There is no obligation for the Employer to pay out properly classified FLSA exempt compensatory time. Section 4. The Employer shall make a good faith effort to equalize the offer and schedule overtime and compensatory time among employees in the same work unit and classification where training and ability are sufficient to do the work. Section 5. If job-related travel time is scheduled for other than the employee's normal work week, such travel time shall be compensated in accordance with the terms of Article 8. Section 6. Authorized annual leave, holiday leave, sick leave, or compensatory time off shall constitute time worked when computing overtime or compensatory time credits under Article 8. Section 7. The Employer agrees that no administrator or supervisor will perform the duties of an employee covered by this Agreement who is ready, willing and able to perform such duties and who would normally be entitled to overtime for such performance. Section 8. The Employer agrees not to block out periods of time during which by policy employees will not be allowed to use accrued compensatory time. It is understood that the Employer may approve or disapprove compensatory time usage dependent upon the needs of the agency.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Overtime and Compensatory Time. Section 1. Non-It is recognized that the Investigators’ work requires a certain amount of irregular, scheduled and unscheduled overtime duty, and as public safety officers, Investigators are partially exempt employee means an employee subject to the overtime from certain provisions of the Federal Fair Labor Standard Act and its regulationsStandards Act, in accordance with Section 7(k) of that Act. Section 2. Non-exempt employees shall Overtime funds appropriated by the Legislature will be paid used for personal services expenditures in the Division of Criminal Investigation. Whenever overtime funds are available or whenever the department can identify other available funds without jeopardizing services, Investigators will have the option of receiving overtime compensation at a the rate of 1 1/2 one and one-half times their regular rate of pay pay, or receiving compensatory time off at time and a half, for all authorized time they hours worked above 80 in a 14- day work over 40 hours per weekperiod. Any If overtime funds are exhausted or compensatory time. must be mutually agreed upon by the employee and management. Section 2. Upon mutual agreement between the employee and Managementnot available, a non- exempt employee may be allowed to accrue and use non-exempt Investigators shall receive compensatory time in lieu of cash overtime. Subsection 1. Compensatory time for nonat one and one-exempt employees will accrue at the rate of 1 ½ half hours for each hour of worked above 80 in a 14-day work period. Leave approved prior to being taken, including holiday leave, sick leave, annual leave, or compensatory time off shall constitute time worked when computing overtime worked. Subsection 2or compensatory time credits under this Section. Non-exempt compensatory time may not be accrued beyond two hundred and forty hours (240)240 hours, which represents not more than 160 hours of actual overtime worked. Subsection 3. A nonAgents can flex hours during the 14-exempt employee must have the appropriate day work period with approval of their supervisor's prior approval to accrue or use compensatory time. Subsection 4. Upon termination, unused accumulated non-exempt compensatory time will be paid to the employee at their final regular rate of pay, The Superintendent may approve the use of non-exempt compensatory time to extend an employee’s termination date. Article 8, Section 2 shall be administered in accordance with Federal Fair Labor Standards Act, Federal regulations, and State Policy Overtime and Nonexempt Compensatory Time Policy. Section 3. Exempt employee means an employee Employees shall not submit unapproved or unauthorized hours beyond 80 in a position designated as executive14-day work period, administrativeincluding: holiday leave, or professionalsick leave, which is not subject to the overtime pay provisions of the Federal Fair Labor Standards Act and its regulations. Exempt employees shall be given compensatory time under the following provisions: Subsection 1. Compensatory time will be credited on an hour-for-hour basis for all authorized time worked in excess of 40 hours per week. Subsection 2. Compensatory time will be recorded in increments of no less than one-half hourannual leave, but all time earned or taken in fractions of one hour shall be accumulated until one hour minimum is attained, at which point the time will be recorded. Subsection 3. Compensatory time may be accumulated to a maximum of 120 hours. Compensatory time in excess of 120 hours will be forfeited if not taken within 90 calendar days from the last day of the calendar year in which the excess was accrued. Subsection 4. Compensatory time shall be earned as approved by the Employer and shall be taken at a time agreeable to the employee and the Employer. Subsection 5. There is no obligation for the Employer to pay out properly classified FLSA exempt compensatory time.or Section 4. The Employer shall will make a good faith effort to equalize the offer and schedule of scheduled overtime and compensatory time among employees Investigators in the same work unit and classification where training and ability are sufficient to do the work. Section 5. If job-related travel The Employer agrees not to block out periods of time during which by policy Investigators will not be allowed to use accrued compensatory time so long as it is scheduled for other than understood that the employee's normal work week, such travel Employer may approve or disapprove compensatory time shall be compensated in accordance with usage dependent upon the terms needs of Article 8the agency.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Overtime and Compensatory Time. Section 1. Non-exempt employee means an employee subject to the overtime provisions 7.11.1 Hours assigned and worked in excess of the Federal Fair Labor Standard Act and its regulations. Non-exempt employees forty (40) hours per week shall be paid at a rate of 1 1/2 times their regular rate of compensated by overtime pay for all authorized time they work over 40 hours per week. Any overtime or compensatory timetime at 1.5 times the hourly rate for the number of overtime hours worked. must With the exception of Holiday Leave, paid time off shall not be mutually agreed upon by considered time worked for the employee and management. Section 2. Upon mutual agreement between the employee and Management, a non- exempt employee may be allowed to accrue and use non-exempt compensatory time in lieu purpose of cash calculating eligibility for overtime. Subsection 1. Compensatory 7.11.2 Part-time employees are only eligible for nonovertime pay or compensatory time if the employee works over twelve (12) consecutive hours in the same assignment or over forty (40) hours in one week, or if the overtime exceeds eight (8) hours and is scheduled without a twenty-exempt employees will accrue four (24)-hour notice. 7.11.3 An employee who is assigned or elects and is approved for an alternative work schedule as defined by Section 7.10 and is authorized or required to work overtime in excess of forty (40) hours per the employee’s designated work week shall be compensated at the rate of 1 ½ 1.5 times the employee's hourly rate, except when such excess hours result from a change in such employee's workweek or shift or from the requirement that such employee fulfill their workweek requirement. 7.11.4 If an employee is scheduled to work overtime on the employee’s day off and the work is canceled within twenty-four (24) hours of the scheduled overtime, the employee is entitled to two (2) hours compensation at the appropriate rate. If the overtime is canceled at least twenty-four (24) hours before the work is scheduled, no compensation is due. 7.11.5 Overtime worked shall be compensated at the 1.5 times rate. An employee assigned to work overtime may elect to either be paid for each hour such overtime or be credited with compensatory time off, except under the following circumstances:  The employee’s choice of compensatory time would interfere with a department’s ability to recover the cost of the overtime;  The employee’s choice of compensatory time would interfere with the department’s ability to have sufficient staffing or coverage;  The employee’s choice of pay cannot be accommodated within the department’s overtime budget;  If the work is being performed for another City department or outside agency, the employee’s department may choose to compensate overtime with pay or compensatory time, provided the employee is notified of the method of payment prior to working the overtime; or  If the employee fails to request an election during the pay period in which the overtime is worked. o If the employee is not allowed to make the election to be paid overtime or to be credited with compensatory time under one of the circumstances cited above, the employee shall be informed of the reason for not being allowed such choice. The explanation shall be provided before the overtime is worked. Subsection 2. Non-exempt 7.11.5.1 Once compensatory time may not off has been approved and scheduled, the employee shall be accrued beyond two hundred and forty hours (240)permitted to take such time off, unless emergency circumstances necessitate cancellation of the time off. In such event, the employee will remain credited with the time cancelled. 7.11.5.2 Compensatory time off credited to an employee, which represents is not more than 160 hours of actual taken within twenty-six (26) pay periods following the pay period in which the overtime is worked. Subsection 3. A non-exempt employee must have the appropriate supervisor's prior approval to accrue or use compensatory time. Subsection 4. Upon termination, unused accumulated non-exempt compensatory time will shall be paid to the employee at their final regular rate of pay, The Superintendent the appropriate rate. An employee may approve be required to take the use of non-exempt compensatory time off prior to extend an employeethe expiration of this time period, if the Department’s termination datebudget will not accommodate payment of such time. Article 8, Section 2 An employee shall not be administered in accordance with Federal Fair Labor Standards Act, Federal regulations, and State Policy Overtime and Nonexempt Compensatory Time Policyrequired to take compensatory time off during the same pay period during which it is earned. 7.11.5.3 Notwithstanding any other provision of Section 3. Exempt employee means an employee in a position designated as executive7.11.5 to the contrary, administrativethe Department Director or designee, or professional, which may announce the intent of the Department to pay employees the appropriate rate for accrued compensatory time that is not subject used as of a date specified by the department with reasonable notice provided to the overtime pay provisions of the Federal Fair Labor Standards Act and its regulationsaffected employees. Exempt employees shall be given compensatory time under the following provisions: Subsection 1. Compensatory time will be credited on This announced intent may apply to an hour-for-hour basis for all authorized time worked in excess of 40 hours per week. Subsection 2. Compensatory time will be recorded in increments of no less than one-half hour, but all time earned entire department or taken in fractions of one hour shall be accumulated until one hour minimum is attained, at which point the time will be recorded. Subsection 3. Compensatory time may be accumulated to a maximum specified section(s) of 120 hours. Compensatory time in excess of 120 hours will be forfeited if not taken within 90 calendar days from the last day of the calendar year in which the excess was accrueda department. Subsection 4. Compensatory time shall be earned as approved by the Employer and shall be taken at a time agreeable to the employee and the Employer. Subsection 5. There is no obligation for the Employer to pay out properly classified FLSA exempt compensatory time. Section 4. The Employer shall make a good faith effort to equalize the offer and schedule overtime and compensatory time among employees in the same work unit and classification where training and ability are sufficient to do the work. Section 5. If job-related travel time is scheduled for other than the employee's normal work week, such travel time shall be compensated in accordance with the terms of Article 8.

Appears in 2 contracts

Sources: Memorandum of Agreement, Memorandum of Agreement

Overtime and Compensatory Time. Section 115.3.1 No one shall order or authorize overtime unless it is compensable as provided in section 6.15. 15.3.2 The supervisor shall state at the time overtime is requested whether compensation will be compensatory time or cash. Non-exempt employee means an employee subject to the overtime provisions of the Federal Fair Labor Standard Act and its regulations. Non-exempt employees shall be paid at a rate of 1 1/2 times their regular rate of pay for all authorized time they work over 40 hours per week. Any overtime or compensatory time. Compensatory Time requests must be mutually agreed upon to in advance by the employee and managementthe supervisor. All compensatory time records shall be maintained by the supervisor and initialed by the employee. Section 2. Upon mutual agreement between 15.3.3 Arrangements for Compensatory time off are subject to the employee and Management, a non- exempt employee may be allowed to accrue and use non-exempt compensatory time in lieu approval of cash overtime. Subsection 1the supervisor. Compensatory time for non-exempt employees will accrue at the rate of 1 ½ hours for each hour of overtime worked. Subsection 2. Non-exempt compensatory time may not be accrued beyond two hundred and forty hours (240), which represents not more than 160 hours of actual overtime worked. Subsection 3. A non-exempt employee must have the appropriate supervisor's prior approval to accrue or use compensatory time. Subsection 4. Upon termination, unused accumulated non-exempt compensatory time will be paid to the employee at their final regular rate of pay, The Superintendent may approve the use of non-exempt compensatory time to extend an employee’s termination date. Article 8, Section 2 off shall be administered in accordance with Federal Fair Labor Standards Act, Federal regulations, and State Policy Overtime and Nonexempt Compensatory Time Policy. Section 3. Exempt employee means an employee in a position designated as executive, administrative, or professional, which is not subject to granted within 12 calendar months following the overtime pay provisions of the Federal Fair Labor Standards Act and its regulations. Exempt employees shall be given compensatory time under the following provisions: Subsection 1. Compensatory time will be credited on an hour-for-hour basis for all authorized time worked in excess of 40 hours per week. Subsection 2. Compensatory time will be recorded in increments of no less than one-half hour, but all time earned or taken in fractions of one hour shall be accumulated until one hour minimum is attained, at which point the time will be recorded. Subsection 3. Compensatory time may be accumulated to a maximum of 120 hours. Compensatory time in excess of 120 hours will be forfeited if not taken within 90 calendar days from the last day of the calendar year month in which the excess overtime was accruedworked and without impairing the services rendered by the employee to the District. (Education Code 45129). Subsection 4. Compensatory time 15.3.4.1 The District shall be earned as approved by the Employer and shall be taken at a time agreeable to the employee and the Employer. Subsection 5. There is no obligation for the Employer to pay out properly classified FLSA exempt compensatory time. Section 4. The Employer shall make a good faith effort to equalize the offer and schedule distribute overtime and compensatory time and/or extra hours equally among employees unit members in the same work job family who have the skill and knowledge to perform the duties at the same site/department. If the site unit members decline the overtime or extra hours, the overtime or extra hours shall be offered to the unit member in said job family who has the skill and knowledge to perform the duties according to district-wide seniority (hours in paid status in the district). Overtime or extra hours refused shall count as if they had been worked for purposes of equal distribution. When a unit member within the department, shift, job family or site is not available, the District may offer the overtime or extra hours without regard to the equal distribution requirement. Security alarms and emergency procedures as defined by the Superintendent shall be exempt from this section. Normally, extra or overtime hours shall be performed by the classification where training and ability are sufficient assigned to do the work. Extra hours are scheduled on an as-needed basis only - hours may be offered for projects, events, employee absences and similar needs. Section 5. If job-related travel time is scheduled for other than the employee's normal work week, such travel time shall be compensated in accordance with the terms of Article 8.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Overtime and Compensatory Time. Section 1. Non-exempt employee means an employee subject to the overtime provisions 7.11.1 Hours assigned and worked in excess of the Federal Fair Labor Standard Act and its regulations. Non-exempt employees forty (40) hours per week shall be paid at a rate of 1 1/2 times their regular rate of compensated by overtime pay for all authorized time they work over 40 hours per week. Any overtime or compensatory timetime at 1.5 times the hourly rate for the number of overtime hours worked. must With the exception of Holiday Leave, paid time off shall not be mutually agreed upon by considered time worked for the employee and management. Section 2. Upon mutual agreement between the employee and Management, a non- exempt employee may be allowed to accrue and use non-exempt compensatory time in lieu purpose of cash calculating eligibility for overtime. Subsection 17.11.2 Part-time employees are only eligible for overtime pay or compensatory time if the employee works over twelve (12) consecutive hours in the same assignment or over forty (40) hours in one week, or if the overtime exceeds eight (8) hours and is scheduled without a twenty-four (24)-hour notice. Compensatory time Formatted: Normal, Indent: Left: 0", First line: 0", Tab stops: Not at 1.38" 7.11.3 An employee who is assigned or elects and is approved for non-exempt employees will accrue an alternative work schedule as defined by Section 7.10 and is authorized or required to work overtime in excess of forty (40) hours per the employee’s designated work week shall be compensated at the rate of 1 ½ 1.5 times the employee's hourly rate, except when such excess hours result from a change in such employee's workweek or shift or from the requirement that such employee fulfill their workweek requirement. Place Holder for each hour Flex-time requests proposal 7.11.4 If an employee is scheduled to work overtime on the employee’s day off and the work is canceled within twenty-four (24) hours of the scheduled overtime, the employee is entitled to two (2) hours compensation at the appropriate rate. If the overtime is canceled at least twenty-four (24) hours before the work is scheduled, no compensation is due. 7.11.5 Overtime worked shall be compensated at the 1.5 times rate. An employee assigned to work overtime may elect to either be paid for such overtime or be credited with compensatory time off, except under the following circumstances: • The employee’s choice of compensatory time would interfere with a department’s ability to recover the cost of the overtime; • The employee’s choice of compensatory time would interfere with the department’s ability to have sufficient staffing or coverage; • The employee’s choice of pay cannot be accommodated within the department’s overtime budget; • If the work is being performed for another City department or outside agency, the employee’s department may choose to compensate overtime with pay or compensatory time, provided the employee is notified of the method of payment prior to working the overtime; or • If the employee fails to request an election during the pay period in which the overtime is worked. o If the employee is not allowed to make the election to be paid overtime or to be credited with compensatory time under one of the circumstances cited above, the employee shall be informed of the reason for not being allowed such choice. The explanation shall be provided before the overtime is worked. Subsection 2. Non-exempt 7.11.5.1 Once compensatory time may not off has been approved and scheduled, the employee shall be accrued beyond two hundred and forty hours (240)permitted to take such time off, unless emergency circumstances necessitate cancellation of the time off. In such event, the employee will remain credited with the time cancelled. 7.11.5.2 Compensatory time off credited to an employee, which represents is not more than 160 hours of actual taken within fifty two (52) twenty-six (26) pay periods following the pay period in which the overtime is worked. Subsection 3. A non-exempt employee must have the appropriate supervisor's prior approval to accrue or use compensatory time. Subsection 4. Upon termination, unused accumulated non-exempt compensatory time will shall be paid to the employee at their final regular rate of pay, The Superintendent the appropriate rate. An employee may approve be required to take the use of non-exempt compensatory time off prior to extend an employeethe expiration of this time period, if the Department’s termination datebudget will not accommodate payment of such time. Article 8, Section 2 An employee shall not be administered in accordance with Federal Fair Labor Standards Act, Federal regulations, and State Policy Overtime and Nonexempt Compensatory Time Policyrequired to take compensatory time off during the same pay period during which it is earned. 7.11.5.3 Notwithstanding any other provision of Section 3. Exempt employee means an employee in a position designated as executive7.11.5 to the contrary, administrativethe Department Director or designee, or professional, which may announce the intent of the Department to pay employees the appropriate rate for accrued compensatory time that is not subject used as of a date specified by the department with reasonable notice provided to the overtime pay provisions of the Federal Fair Labor Standards Act and its regulationsaffected employees. Exempt employees shall be given compensatory time under the following provisions: Subsection 1. Compensatory time will be credited on This announced intent may apply to an hour-for-hour basis for all authorized time worked in excess of 40 hours per week. Subsection 2. Compensatory time will be recorded in increments of no less than one-half hour, but all time earned entire department or taken in fractions of one hour shall be accumulated until one hour minimum is attained, at which point the time will be recorded. Subsection 3. Compensatory time may be accumulated to a maximum specified section(s) of 120 hours. Compensatory time in excess of 120 hours will be forfeited if not taken within 90 calendar days from the last day of the calendar year in which the excess was accrueda department. Subsection 4. Compensatory time shall be earned as approved by the Employer and shall be taken at a time agreeable to the employee and the Employer. Subsection 5. There is no obligation for the Employer to pay out properly classified FLSA exempt compensatory time. Section 4. The Employer shall make a good faith effort to equalize the offer and schedule overtime and compensatory time among employees in the same work unit and classification where training and ability are sufficient to do the work. Section 5. If job-related travel time is scheduled for other than the employee's normal work week, such travel time shall be compensated in accordance with the terms of Article 8.

Appears in 1 contract

Sources: Memorandum of Agreement

Overtime and Compensatory Time. Section 1. Non-It is recognized that the Investigators’ work requires a certain amount of irregular, scheduled and unscheduled overtime duty, and as public safety officers, Investigators are partially exempt employee means an employee subject to the overtime from certain provisions of the Federal Fair Labor Standard Act and its regulationsStandards Act, in accordance with Section 7(k) of that Act. Section 2. Non-exempt employees shall Overtime funds appropriated by the Legislature will be paid used for personal services expenditures in the Division of Criminal Investigation. Whenever overtime funds are available or whenever the department can identify other available funds without jeopardizing services, Investigators will have the option of receiving overtime compensation at a the rate of 1 1/2 one and one-half times their regular rate of pay or receiving compensatory time off at time and a half, for all authorized time they hours worked above 80 in a 14- day work over 40 hours per weekperiod. Any If overtime funds are exhausted or compensatory time. must be mutually agreed upon by the employee and management. Section 2. Upon mutual agreement between the employee and Managementnot available, a non- exempt employee may be allowed to accrue and use non-exempt Investigators shall receive compensatory time in lieu of cash overtime. Subsection 1. Compensatory time for nonat one and one-exempt employees will accrue at the rate of 1 ½ half hours for each hour of worked above 80 in a 14-day work period. Leave approved prior to being taken, including holiday leave, sick leave, annual leave, or compensatory time off shall constitute time worked when computing overtime worked. Subsection 2or compensatory time credits under this Section. Non-exempt compensatory time may not be accrued beyond two hundred and forty hours (240)240 hours, which represents not more than 160 hours of actual overtime worked. Agents can flex hours during the 14-day work period with approval of their supervisor. Subsection Section 3. A nonEmployees shall not submit unapproved or unauthorized hours beyond 80 in a 14-exempt employee must have the appropriate supervisor's prior approval to accrue day work period, including: holiday leave, sick leave, annual leave, or use compensatory time. Subsection 4. Upon termination, unused accumulated non-exempt compensatory time will be paid off, in order to the employee earn overtime or compensatory time at their final regular a rate of pay, The Superintendent may approve one and one-half times the use of non-exempt compensatory time to extend an employee’s termination dateregular rate. Article 8, Section 2 This section shall be administered in accordance with Federal Fair Labor Standards Act, Federal regulations, and State Policy Overtime and Nonexempt Compensatory Time MOM Annual Vacation Leave Policy. Section 3. Exempt employee means an employee in a position designated as executive, administrative, or professional, which is not subject to the overtime pay provisions of the Federal Fair Labor Standards Act and its regulations. Exempt employees shall be given compensatory time under the following provisions: Subsection 1. Compensatory time will be credited on an hour-for-hour basis for all authorized time worked in excess of 40 hours per week. Subsection 2. Compensatory time will be recorded in increments of no less than one-half hour, but all time earned or taken in fractions of one hour shall be accumulated until one hour minimum is attained, at which point the time will be recorded. Subsection 3. Compensatory time may be accumulated to a maximum of 120 hours. Compensatory time in excess of 120 hours will be forfeited if not taken within 90 calendar days from the last day of the calendar year in which the excess was accrued. Subsection 4. Compensatory time shall be earned as approved by the Employer and shall be taken at a time agreeable to the employee and the Employer. Subsection 5. There is no obligation for the Employer to pay out properly classified FLSA exempt compensatory time. Section 4. The Employer shall make a good faith effort to equalize the offer and schedule overtime and compensatory time among employees in the same work unit and classification where training and ability are sufficient to do the work. Section 5. If job-related travel time is scheduled for other than the employee's normal work week, such travel time shall be compensated in accordance with the terms of Article 8.and

Appears in 1 contract

Sources: Collective Bargaining Agreement

Overtime and Compensatory Time. Section 1. Non-exempt employee means an employee subject to the A. Employees covered by this Agreement shall receive overtime provisions of the Federal Fair Labor Standard Act and its regulations. Non-exempt employees shall be paid pay at a rate of 1 1/2 times their regular rate of pay applicable hourly rates for all authorized time they work over 40 hours in excess of forty (40) hours per week. Any , or in the case of bus drivers in excess of eight (8) hours per day. B. If an observed holiday falls during the scheduled work week of an employee, the hours normally worked per day shall be included in computation of his/her eligibility for time and one half (1.5) pay after forty (40) hours during that week. C. When overtime or compensatory time. must be mutually agreed upon by work is necessary, the Committee will make every reasonable effort to distribute overtime equally among the employees in the affected position providing the employee and managementis capable of performing the work. Section 2D. If an employee is required to work unscheduled overtime, he/she shall not lose overtime credit because of sick leave. Upon mutual agreement between Unscheduled overtime is overtime scheduled less than twenty-four (24) hours in advance. E. For purposes of overtime, he/she will not lose overtime credit because of sick leave. F. The Committee shall not unilaterally curtail the scheduled hours of work of an employee during a work week in which the employee and Management, a non- exempt employee may be allowed has previously worked hours outside of his/her regular work schedule in order to accrue and use non-exempt compensatory time in lieu of cash overtime. Subsection 1. Compensatory time for non-exempt employees will accrue at the rate of 1 ½ hours for each hour of avoid overtime worked. Subsection 2. Non-exempt compensatory time may not be accrued beyond two hundred and forty hours (240), which represents not more than 160 hours of actual overtime worked. Subsection 3. A non-exempt employee must have the appropriate supervisor's prior approval to accrue pay or use compensatory time. Subsection 4. Upon terminationG. In lieu of overtime pay, unused accumulated non-exempt the employee may choose to receive such compensation in the form of compensatory time will be paid to the employee at their final regular rate of payoff, The Superintendent may approve the use of non-exempt compensatory time to extend an employee’s termination date. Article 8, Section 2 which shall be administered in accordance with Federal Fair Labor Standards Act, Federal regulations, granted on the basis of one and State Policy Overtime and Nonexempt Compensatory Time Policy. Section 3. Exempt employee means an employee in a position designated as executive, administrative, or professional, which is not subject to the overtime pay provisions one half (1.5) hours of the Federal Fair Labor Standards Act and its regulations. Exempt employees shall be given compensatory time under the following provisions: Subsection 1. Compensatory time will be credited on an hour-for-off for each hour basis for all authorized time worked in excess of 40 over forty (40) hours per week. Subsection 1. Employees may accumulate no more than 60 hours (40 overtime hours) of Compensatory time. Any compensatory time not taken by the end of the fiscal year will be paid in the first payroll in July. 2. Compensatory time will to be recorded scheduled at least one week in increments of no less than one-half hour, but all advance with the employee’s supervisor. The supervisor may deny a request that compensatory time earned or taken in fractions of one hour shall be accumulated until one hour minimum is attained, at which point the time will be recorded. Subsection 3. Compensatory time may be accumulated to a maximum of 120 hours. Compensatory time in excess of 120 hours will be forfeited if not taken within 90 calendar days from the last day of the calendar year in which the excess was accrued. Subsection 4. Compensatory time shall be earned as approved by the Employer and shall be taken at a particular time agreeable for operational reasons such as the lack of availability of a suitable substitute, however no reasonable request to the employee and the Employerbe denied. Subsection 5. There is no obligation for the Employer to pay out properly classified FLSA exempt compensatory time. Section 4. The Employer shall make a good faith effort to equalize the offer and schedule overtime and compensatory time among employees in the same work unit and classification where training and ability are sufficient to do the work. Section 5. If job-related travel time is scheduled for other than the employee's normal work week, such travel time shall be compensated in accordance with the terms of Article 8.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Overtime and Compensatory Time. Section 1. Non-exempt employee means an employee subject to the overtime provisions of the Federal Fair Labor Standard Act and its regulations. Non-exempt employees shall be paid at a rate of 1 1/2 one and one-half times their regular rate of pay for all authorized time they work over 40 hours per week. Any overtime or compensatory time. time must be mutually agreed upon by the employee and managementthe Employer. Section 2. Upon mutual agreement between the employee and Managementthe Employer, a non- exempt employee may be allowed to accrue and use non-exempt compensatory time in lieu of cash overtime. Subsection 1. Compensatory time for non-exempt employees will accrue at the rate of 1 ½ one and one-half hours for each hour of overtime worked. Subsection 2. Non-exempt compensatory time may not be accrued beyond two hundred and forty hours (240), which represents not more than 160 hours of actual overtime worked. Subsection 3. A non-exempt employee must have the appropriate supervisor's prior approval to accrue or use compensatory time. Subsection 4. Upon termination, unused accumulated non-exempt compensatory time will be paid to the employee at their final regular rate of pay, The Superintendent may approve the use of non-exempt compensatory time to extend an employee’s termination date. Subsection 5. Article 8, Section 2 shall be administered in accordance with Federal Fair Labor Standards Act, Federal regulations, and State Policy Overtime and Nonexempt Compensatory Time Policy. Section 3. Exempt employee means an employee in a position designated as executive, administrative, or professional, which is not subject to the overtime pay provisions of the Federal Fair Labor Standards Act and its regulations. Exempt employees shall be given compensatory time under the following provisions: Subsection 1. Compensatory time will be credited on an houra time-for-time basis in half- hour basis increments for all authorized time worked in excess of 40 hours per week. Subsection 2. Compensatory time will be recorded in increments of no less than one-half hour, but all time earned or taken in fractions of one hour shall be accumulated until one hour minimum is attained, at which point the time will be recorded. Subsection 3. Compensatory time may be accumulated to a maximum of 120 hours. Compensatory time in excess of 120 hours will be forfeited if not taken within 90 calendar days from the last day of the calendar year in which the excess was accrued. Subsection 43. Compensatory time shall be earned as approved by the Employer and shall be taken at a time agreeable to the employee and the Employer. Subsection 54. There is no obligation for the Employer to pay out properly classified FLSA exempt compensatory time. Section 4. The Employer shall make a good faith effort to equalize the offer and schedule overtime and compensatory time among employees in the same work unit and classification where training and ability are sufficient to do the work. Section 5. If job-related travel time is scheduled for other than the employee's normal work weekworkweek, such travel time shall be compensated in accordance with the terms of Article 8. Section 6. The Employer agrees not to block out periods of time during which by policy employees will not be allowed to use accrued compensatory time. It is understood that the Employer may approve or disapprove compensatory time usage dependent upon the needs of the agency.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Overtime and Compensatory Time. Section 1. Non-exempt employee means an employee subject to the overtime provisions of the Federal Fair Labor Standard Act and its regulations. Non-exempt A. Nonexempt" employees shall be paid at a rate of 1 1/2 one and one-half times their regular rate of pay for all authorized time they work over 40 forty hours per week. Any overtime or compensatory time. must be mutually agreed upon by the employee and management. Section 2. Upon mutual By agreement between the employee and Managementparties, a non- exempt nonexempt employee may be allowed choose to accrue and use non-exempt compensatory time t ime in lieu of cash overtime.overtime pay under the following rules: Subsection 1. Compensatory time for non-exempt employees will accrue at the rate of 1 ½ one and one-half hours for each hour of overtime worked. Subsection 2. Non-exempt compensatory Compensatory time may not be accrued beyond two hundred and forty hours (240)on 180 hours, which represents not more than 160 120 hours of actual overtime worked. Subsection 3. A non-exempt An employee must have the appropriate supervisor's prior approval to accrue or use compensatory time. Subsection 4. Upon termination, unused accumulated non-exempt compensatory time t i m e will be paid to the employee at their final regular rate of pay, The Superintendent may approve the use of non-exempt compensatory time to extend an employee’s termination date. Article 8, Section 2 shall be administered in accordance with Federal Fair Labor Standards Act, Federal regulations, and State Policy Overtime and Nonexempt Compensatory Time Policy. Section 3. Exempt employee means an employee in a position designated as executive, administrative, or professional, which is not subject to the overtime pay provisions of the Federal Fair Labor Standards Act and its regulations. Exempt employees shall be given compensatory time under the following provisions: Subsection 1. Compensatory time will be credited on an hour-for-hour basis for all authorized time worked in excess of 40 hours per week. Subsection 2. Compensatory time will be recorded in increments of no less than one-half hour, but all time earned or taken in fractions of one hour shall be accumulated until one hour minimum is attained, at which point the time will be recorded. Subsection 3. Compensatory time may be accumulated to a maximum of 120 hours. Compensatory time in excess of 120 hours will be forfeited if not taken within 90 calendar days from the last day of the calendar year in which the excess was accrued. Subsection 4. Compensatory time shall be earned as approved by the Employer and shall be taken at a time agreeable to the employee and the Employer. Subsection 5. There is no obligation for the Employer to pay out properly classified FLSA exempt compensatory time. Section 4. B. The Employer shall will make a good faith effort to equalize the offer and schedule of scheduled overtime and compensatory time among the employees in the same work unit and classification where training and ability are sufficient to do the work. Section 5. C. If job-job related travel time is scheduled for other than the employee's normal work week, such travel time shall be compensated in accordance with the terms FLSA. D. No supervisor will regularly perform the work of Article 8a bargaining unit employee except in the case of instruction and training, assisting employees, in emergency situations and in the preparation of reports or documents. E. It is understood that employees may take compensatory time, with prior Management approval, at their individual discretion as long as the execution of this right does not unduly disrupt the Employer's operation. F. Employees may convert 1 or 2 days of compensatory time each year to deferred compensation. Hours will be converted in September of each year, consistent with the sick leave pro- gram. The program will commence in FY 95 (hours as of June 30, 1994) which will be converted in September of 1.994. The same for subsequent years. G. The City may cash out accumulated compensatory credits from time to time with the agreement of the subject employee.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Overtime and Compensatory Time. Section 1When conditions require, overtime may be scheduled by the supervisor. Non-exempt employee means an employee subject The supervisor should make every effort to allow ample time for projects to be completed within scheduled working hours. Others who might qualify for overtime should be considered and given the opportunity to do so. A request must be made by the staff member and approved by the immediate supervisor prior to working overtime. An overtime provisions of the Federal Fair Labor Standard Act and its regulations. Non-exempt employees shall be paid at a rate of 1 1/2 times their one and one-half the employee’s regular rate of pay for all authorized time they work over 40 hours per week. Any overtime or compensatory time. must be mutually agreed upon by the employee and management. Section 2. Upon mutual agreement between the employee and Management, a non- exempt employee may be allowed to accrue and use non-exempt compensatory time in lieu of cash overtime. Subsection 1. Compensatory time for non-exempt employees will accrue at the rate of 1 ½ hours for each hour of overtime worked. Subsection 2. Non-exempt compensatory time may not be accrued beyond two hundred and forty hours (240), which represents not more than 160 hours of actual overtime worked. Subsection 3. A non-exempt employee must have the appropriate supervisor's prior approval to accrue or use compensatory time. Subsection 4. Upon termination, unused accumulated non-exempt compensatory time wage will be paid to the employee at their final regular rate of pay, The Superintendent may approve the use of non-exempt compensatory time to extend an employee’s termination date. Article 8, Section 2 shall be administered in accordance with Federal Fair Labor Standards Act, Federal regulations, and State Policy Overtime and Nonexempt Compensatory Time Policy. Section 3. Exempt employee means an employee in a position designated as executive, administrative, or professional, which is not subject to the overtime pay provisions of the Federal Fair Labor Standards Act and its regulations. Exempt employees shall be given compensatory time under the following provisions: Subsection 1. Compensatory time will be credited on an hour-for-hour basis for all authorized time worked work in excess of 40 hours per week. Subsection 2. Compensatory time Effective July 1, 2010, overtime compensation will be recorded based only on actual hours worked in increments excess of no less 40 during a week, not based on hours worked in excess of eight each day and not based on all hours compensated during a week. For example, paid sick leave or personal business leave will not count toward the 40 hour accrual necessary prior to earning overtime compensation for additional hours worked. An employee who desires to accrue compensatory time, may do so by designating up to five (5) hours of work in any work week for accrual rather than being paid during the applicable payroll period, subject to the additional limitations described below. Employees may elect to use either straight time or overtime hours for this purpose; straight time hours will be accrued on an hour for hour basis and overtime hours will be accrued at the rate of one and one-half hourhours for each hour worked. An employee may accrue compensatory time hours up to a maximum of 40 hours at any time, but all no employee may accrue and use more hours of overtime during a September through August year than is provided in the schedule, below. Use of compensatory leave time earned or taken must be approved in fractions of one hour shall advance by the supervisor, but requests will not be accumulated until one hour minimum is attainedunreasonably denied. Employees are encouraged to use accrued compensatory time within 30 calendar days, at which point but employees who are eligible to work the time will summer term may request approval to save it to be recorded. Subsection 3used during the summer term. Compensatory time may not be accumulated carried over to a maximum new school year. 1 – 10 years of 120 hours. Compensatory time in excess service 40 hours More than 10 – 15 years of 120 service 60 hours will be forfeited if not taken within 90 calendar days from the last day More than 15 years of the calendar year in which the excess was accrued. Subsection 4. Compensatory time shall be earned as approved by the Employer and shall be taken at a time agreeable to the employee and the Employer. Subsection 5. There is no obligation for the Employer to pay out properly classified FLSA exempt compensatory time. Section 4. The Employer shall make a good faith effort to equalize the offer and schedule overtime and service 80 hours Effective September 1, 2014, employees may also use accrued compensatory time among employees as compensation on days or partial days an employee would have worked if the days were not school holidays and/or half-days for students. Requests to use accrued compensatory leave time to be paid on these days must be requested before timesheets for that pay period are due and must be for amounts that will not result in the same work unit and classification where training and ability are sufficient to do the work. Section 5. If job-related travel time is scheduled for other than compensation that exceeds the employee's normal work week, such travel ’s actual route time shall be compensated in accordance with the terms of Article 8(up to eight (8) hours per day).

Appears in 1 contract

Sources: Transportation Staff Agreement

Overtime and Compensatory Time. Section 1. Non-exempt employee means an employee subject to the A. Employees covered by this Agreement shall receive overtime provisions of the Federal Fair Labor Standard Act and its regulations. Non-exempt employees shall be paid pay at a rate of 1 1/2 times their regular rate of pay applicable hourly rates for all authorized time they work over 40 hours in excess of forty (40) hours per week. Any , or in the case of bus drivers in excess of eight (8) hours per day. B. If an observed holiday falls during the scheduled work week of an employee, the hours normally worked per day shall be included in computation of his/her eligibility for time and one half (1.5) pay after forty (40) hours during that week. C. When overtime or compensatory time. must be mutually agreed upon by work is necessary, the Committee will make every reasonable effort to distribute overtime equally among the employees in the affected position providing the employee and managementis capable of performing the work. Section 2D. If an employee is required to work unscheduled overtime, he/she shall not lose overtime credit because of sick leave. Upon mutual agreement between Unscheduled overtime is overtime scheduled less than twenty-four (24) hours in advance. E. For purposes of overtime, he/she will not lose overtime credit because of sick leave. F. The Committee shall not unilaterally curtail the scheduled hours of work of an employee during a work week in which the employee and Management, a non- exempt employee may be allowed has previously worked hours outside of his/her regular work schedule in order to accrue and use non-exempt compensatory time in lieu of cash overtime. Subsection 1. Compensatory time for non-exempt employees will accrue at the rate of 1 ½ hours for each hour of avoid overtime worked. Subsection 2. Non-exempt compensatory time may not be accrued beyond two hundred and forty hours (240), which represents not more than 160 hours of actual overtime worked. Subsection 3. A non-exempt employee must have the appropriate supervisor's prior approval to accrue pay or use compensatory time. Subsection 4. Upon terminationG. In lieu of overtime pay, unused accumulated non-exempt the employee may choose to receive such compensation in the form of compensatory time will be paid to the employee at their final regular rate of payoff, The Superintendent may approve the use of non-exempt compensatory time to extend an employee’s termination date. Article 8, Section 2 which shall be administered in accordance with Federal Fair Labor Standards Act, Federal regulations, granted on the basis of one and State Policy Overtime and Nonexempt Compensatory Time Policy. Section 3. Exempt employee means an employee in a position designated as executive, administrative, or professional, which is not subject to the overtime pay provisions one half (1.5) hours of the Federal Fair Labor Standards Act and its regulations. Exempt employees shall be given compensatory time under the following provisions: Subsection 1. Compensatory time will be credited on an hour-for-off for each hour basis for all authorized time worked in excess of 40 over forty (40) hours per week. Subsection 1. Employees may accumulate no more than 60 hours (40 overtime hours) of Compensatory time. Any compensatory time not taken by the end of the fiscal year will be paid in the first payroll in July. 2. Compensatory time will must be recorded scheduled at least two weeks in increments of no less than one-half hour, but all advance with the employee’s supervisor. The supervisor may deny a request that compensatory time earned or taken in fractions of one hour shall be accumulated until one hour minimum is attained, at which point the time will be recorded. Subsection 3. Compensatory time may be accumulated to a maximum of 120 hours. Compensatory time in excess of 120 hours will be forfeited if not taken within 90 calendar days from the last day of the calendar year in which the excess was accrued. Subsection 4. Compensatory time shall be earned as approved by the Employer and shall be taken at a particular time agreeable to for operational reasons such as the employee and the Employerlack of availability of a suitable substitute. Subsection 5. There is no obligation for the Employer to pay out properly classified FLSA exempt compensatory time. Section 4. The Employer shall make a good faith effort to equalize the offer and schedule overtime and compensatory time among employees in the same work unit and classification where training and ability are sufficient to do the work. Section 5. If job-related travel time is scheduled for other than the employee's normal work week, such travel time shall be compensated in accordance with the terms of Article 8.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Overtime and Compensatory Time. Section 1. Non-It is recognized that the Investigators' work requires a certain amount of irregular, scheduled and unscheduled overtime duty, and as public safety officers, Investigators are partially exempt employee means an employee subject to the overtime from certain provisions of the Federal Fair Labor Standard Act and its regulationsStandards Act, in accordance with Section 7(k) of that Act. Section 2. Non-exempt employees shall Overtime funds appropriated by the Legislature will be paid used for personal services expenditures in the Division of Criminal Investigation. Whenever overtime funds are available or whenever the department can identify other available funds without jeopardizing services, Investigators will have the option of receiving overtime compensation at a the rate of 1 1/2 one and one-half times their regular rate of pay pay, or receiving compensatory time off at time and a half, for all authorized time they hours worked above 80 in a 14- day work over 40 hours per weekperiod. Any If overtime funds are exhausted or compensatory time. must be mutually agreed upon by the employee and management. Section 2. Upon mutual agreement between the employee and Managementnot available, a non- exempt employee may be allowed to accrue and use non-exempt Investigators shall receive compensatory time in lieu of cash overtime. Subsection 1. Compensatory time for nonat one and one-exempt employees will accrue at the rate of 1 ½ half hours for each hour of overtime worked.worked above 80 in a Subsection 2Section 3. NonEmployees shall not submit unapproved or unauthorized hours beyond 80 in a 14-exempt day work period, including: holiday leave, sick leave, annual leave, or compensatory time may not be accrued beyond two hundred and forty hours (240)off, which represents not more than 160 hours of actual in order to earn overtime worked. Subsection 3. A non-exempt employee must have the appropriate supervisor's prior approval to accrue or use compensatory time. Subsection 4. Upon termination, unused accumulated non-exempt compensatory time will be paid to the employee at their final regular a rate of pay, The Superintendent may approve one and one-half times the use of non-exempt compensatory time to extend an employee’s termination dateregular rate. Article 8, Section 2 This section shall be administered in accordance with Federal Fair Labor Standards Act, Federal regulations, and State MOM Annual Vacation Leave Policy, Exempt Compensatory Time Policy and Overtime and Nonexempt Compensatory Time Policy. Section 3. Exempt employee means an employee in a position designated as executive, administrative, or professional, which is not subject to the overtime pay provisions of the Federal Fair Labor Standards Act and its regulations. Exempt employees shall be given compensatory time under the following provisions: Subsection 1. Compensatory time will be credited on an hour-for-hour basis for all authorized time worked in excess of 40 hours per week. Subsection 2. Compensatory time will be recorded in increments of no less than one-half hour, but all time earned or taken in fractions of one hour shall be accumulated until one hour minimum is attained, at which point the time will be recorded. Subsection 3. Compensatory time may be accumulated to a maximum of 120 hours. Compensatory time in excess of 120 hours will be forfeited if not taken within 90 calendar days from the last day of the calendar year in which the excess was accrued. Subsection 4. Compensatory time shall be earned as approved by the Employer and shall be taken at a time agreeable to the employee and the Employer. Subsection 5. There is no obligation for the Employer to pay out properly classified FLSA exempt compensatory time. Section 4. The Employer shall will make a good faith effort to equalize the offer and schedule of scheduled overtime and compensatory time among employees Investigators in the same work unit and classification where training and ability are sufficient to do the work. Section 5. If job-related travel The Employer agrees not to block out periods of time during which by policy Investigators will not be allowed to use accrued compensatory time so long as it is scheduled for other than understood that the employee's normal work week, such travel Employer may approve or disapprove compensatory time shall be compensated in accordance with usage dependent upon the terms needs of Article 8the agency.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Overtime and Compensatory Time. Section 1. Non-It is recognized that the Investigators’ work requires a certain amount of irregular, scheduled and unscheduled overtime duty, and as public safety officers, Investigators are partially exempt employee means an employee subject to the overtime from certain provisions of the Federal Fair Labor Standard Act and its regulationsStandards Act, in accordance with Section 7(k) of that Act. Section 2. Non-exempt employees shall Overtime funds appropriated by the Legislature will be paid used for personal services expenditures in the Division of Criminal Investigation. Whenever overtime funds are available or whenever the department can identify other available funds without jeopardizing services, Investigators will have the option of receiving overtime compensation at a the rate of 1 1/2 one and one-half times their regular rate of pay pay, or receiving compensatory time off at time and a half, for all authorized time they hours worked above 80 in a 14- day work over 40 hours per weekperiod. Any If overtime funds are exhausted or compensatory time. must be mutually agreed upon by the employee and management. Section 2. Upon mutual agreement between the employee and Managementnot available, a non- exempt employee may be allowed to accrue and use non-exempt Investigators shall receive compensatory time in lieu of cash overtime. Subsection 1. Compensatory time for nonat one and one-exempt employees will accrue at the rate of 1 ½ half hours for each hour of overtime worked.worked above 80 in a Subsection 2Section 3. NonEmployees shall not submit unapproved or unauthorized hours beyond 80 in a 14-exempt day work period, including: holiday leave, sick leave, annual leave, or compensatory time may not be accrued beyond two hundred and forty hours (240)off, which represents not more than 160 hours of actual in order to earn overtime worked. Subsection 3. A non-exempt employee must have the appropriate supervisor's prior approval to accrue or use compensatory time. Subsection 4. Upon termination, unused accumulated non-exempt compensatory time will be paid to the employee at their final regular a rate of pay, The Superintendent may approve one and one-half times the use of non-exempt compensatory time to extend an employee’s termination dateregular rate. Article 8, Section 2 This section shall be administered in accordance with Federal Fair Labor Standards Act, Federal regulations, and State MOM Annual Vacation Leave Policy, Exempt Compensatory Time Policy and Overtime and Nonexempt Compensatory Time Policy. Section 3. Exempt employee means an employee in a position designated as executive, administrative, or professional, which is not subject to the overtime pay provisions of the Federal Fair Labor Standards Act and its regulations. Exempt employees shall be given compensatory time under the following provisions: Subsection 1. Compensatory time will be credited on an hour-for-hour basis for all authorized time worked in excess of 40 hours per week. Subsection 2. Compensatory time will be recorded in increments of no less than one-half hour, but all time earned or taken in fractions of one hour shall be accumulated until one hour minimum is attained, at which point the time will be recorded. Subsection 3. Compensatory time may be accumulated to a maximum of 120 hours. Compensatory time in excess of 120 hours will be forfeited if not taken within 90 calendar days from the last day of the calendar year in which the excess was accrued. Subsection 4. Compensatory time shall be earned as approved by the Employer and shall be taken at a time agreeable to the employee and the Employer. Subsection 5. There is no obligation for the Employer to pay out properly classified FLSA exempt compensatory time. Section 4. The Employer shall will make a good faith effort to equalize the offer and schedule of scheduled overtime and compensatory time among employees Investigators in the same work unit and classification where training and ability are sufficient to do the work. Section 5. If job-related travel The Employer agrees not to block out periods of time during which by policy Investigators will not be allowed to use accrued compensatory time so long as it is scheduled for other than understood that the employee's normal work week, such travel Employer may approve or disapprove compensatory time shall be compensated in accordance with usage dependent upon the terms needs of Article 8the agency.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Overtime and Compensatory Time. Section 1. Non-exempt employee means an employee subject to the overtime provisions 7.11.1 Hours assigned and worked in excess of the Federal Fair Labor Standard Act and its regulations. Non-exempt employees forty (40) hours per week shall be paid at a rate of 1 1/2 times their regular rate of compensated by overtime pay for all authorized time they work over 40 hours per week. Any overtime or compensatory timetime at 1.5 times the hourly rate for the number of overtime hours worked. must With the exception of Holiday Leave, paid time off shall not be mutually agreed upon by considered time worked for the employee and management. Section 2. Upon mutual agreement between the employee and Management, a non- exempt employee may be allowed to accrue and use non-exempt compensatory time in lieu purpose of cash calculating eligibility for overtime. Subsection 1. Compensatory 7.11.2 Part-time employees are only eligible for nonovertime pay or compensatory time if the employee works over twelve (12) consecutive hours in the same assignment or over forty (40) hours in one week, or if the overtime exceeds eight (8) hours and is scheduled without a twenty-exempt employees will accrue four (24)-hour notice. 7.11.3 An employee who is assigned or elects and is approved for an alternative work schedule as defined by Section 7.10 and is authorized or required to work overtime in excess of forty (40) hours per the employee’s designated work week shall be compensated at the rate of 1 ½ 1.5 times the employee's hourly rate, except when such excess hours result from a change in such employee's workweek or shift or from the requirement that such employee fulfill their workweek requirement. 7.11.4 If an employee is scheduled to work overtime on the employee’s day off and the work is canceled within twenty-four (24) hours of the scheduled overtime, the employee is entitled to two (2) hours compensation at the appropriate rate. If the overtime is canceled at least twenty-four (24) hours before the work is scheduled, no compensation is due. 7.11.5 Overtime worked shall be compensated at the 1.5 times rate. An employee assigned to work overtime may elect to either be paid for each hour such overtime or be credited with compensatory time off, except under the following circumstances: • The employee’s choice of compensatory time would interfere with a department’s ability to recover the cost of the overtime; • The employee’s choice of compensatory time would interfere with the department’s ability to have sufficient staffing or coverage; • The employee’s choice of pay cannot be accommodated within the department’s overtime budget; • If the work is being performed for another City department or outside agency, the employee’s department may choose to compensate overtime with pay or compensatory time, provided the employee is notified of the method of payment prior to working the overtime; or • If the employee fails to request an election during the pay period in which the overtime is worked. o If the employee is not allowed to make the election to be paid overtime or to be credited with compensatory time under one of the circumstances cited above, the employee shall be informed of the reason for not being allowed such choice. The explanation shall be provided before the overtime is worked. Subsection 2. Non-exempt 7.11.5.1 Once compensatory time may not off has been approved and scheduled, the employee shall be accrued beyond two hundred and forty hours (240)permitted to take such time off, unless emergency circumstances necessitate cancellation of the time off. In such event, the employee will remain credited with the time cancelled. 7.11.5.2 Compensatory time off credited to an employee, which represents is not more than 160 hours of actual taken within twenty-six (26) pay periods following the pay period in which the overtime is worked. Subsection 3. A non-exempt employee must have the appropriate supervisor's prior approval to accrue or use compensatory time. Subsection 4. Upon termination, unused accumulated non-exempt compensatory time will shall be paid to the employee at their final regular rate of pay, The Superintendent the appropriate rate. An employee may approve be required to take the use of non-exempt compensatory time off prior to extend an employeethe expiration of this time period, if the Department’s termination datebudget will not accommodate payment of such time. Article 8, Section 2 An employee shall not be administered in accordance with Federal Fair Labor Standards Act, Federal regulations, and State Policy Overtime and Nonexempt Compensatory Time Policyrequired to take compensatory time off during the same pay period during which it is earned. 7.11.5.3 Notwithstanding any other provision of Section 3. Exempt employee means an employee in a position designated as executive7.11.5 to the contrary, administrativethe Department Director or designee, or professional, which may announce the intent of the Department to pay employees the appropriate rate for accrued compensatory time that is not subject used as of a date specified by the department with reasonable notice provided to the overtime pay provisions of the Federal Fair Labor Standards Act and its regulationsaffected employees. Exempt employees shall be given compensatory time under the following provisions: Subsection 1. Compensatory time will be credited on This announced intent may apply to an hour-for-hour basis for all authorized time worked in excess of 40 hours per week. Subsection 2. Compensatory time will be recorded in increments of no less than one-half hour, but all time earned entire department or taken in fractions of one hour shall be accumulated until one hour minimum is attained, at which point the time will be recorded. Subsection 3. Compensatory time may be accumulated to a maximum specified section(s) of 120 hours. Compensatory time in excess of 120 hours will be forfeited if not taken within 90 calendar days from the last day of the calendar year in which the excess was accrueda department. Subsection 4. Compensatory time shall be earned as approved by the Employer and shall be taken at a time agreeable to the employee and the Employer. Subsection 5. There is no obligation for the Employer to pay out properly classified FLSA exempt compensatory time. Section 4. The Employer shall make a good faith effort to equalize the offer and schedule overtime and compensatory time among employees in the same work unit and classification where training and ability are sufficient to do the work. Section 5. If job-related travel time is scheduled for other than the employee's normal work week, such travel time shall be compensated in accordance with the terms of Article 8.

Appears in 1 contract

Sources: Memorandum of Agreement