§ 2.44.030. Regular overtime.

Unless otherwise provided by a memorandum of understanding approved by the board of supervisors or by board of supervisors resolution:

(1)

"Overtime" means the time spent in the performance of work ordered or authorized by a department head or designate which is in excess of forty hours worked in any workweek, unless the employee is working a flexible workweek approved by the department head in which case overtime may be calculated as time worked in excess of eighty hours biweekly, and except as may otherwise be indicated in subsection (6) below.

(2)

Any time used by employees traveling to and from seminars, conferences or training sessions which is beyond the normal working hours of the employee, shall not be considered as time worked, and shall not be used to compute overtime unless specifically authorized by the department head in advance of travel.

(3)

Overtime shall be earned by employees transporting prisoners or court wards only for those periods of time when the employee has direct custody and which are in excess of forty hours worked in any workweek, or in excess of eighty hours worked biweekly if working an approved flexible workweek.

(4)

Overtime is not earned for the additional hour in connection with the changeover from daylight savings to standard time. Conversely, time is accounted as standard for the hour when standard time changes to daylight savings time.

(5)

Employees in job classes as specified by resolution of the board of supervisors of the county shall receive either compensating time off or pay calculated at time and one-half for all authorized paid time in excess of forty hours in any workweek, or in excess of eighty hours worked biweekly if working an approved flexible workweek. The determination as to whether overtime shall be paid or compensating time off shall be granted is at the sole discretion of the department head. For purposes of employees in the trades, crafts, and services unit of representation, the following shall apply:

The determination as to whether overtime shall be paid or compensating time off shall be granted shall be made prior to assignment of overtime work and shall be at the request of the employee with the approval of the department head. In cases of a dispute the final determination shall be made by the department head. Nothing in this chapter shall be deemed to preclude the board of supervisors or individual department heads from establishing reasonable guidelines to be followed by employees when electing compensating time off or pay. Employees placed in the Fair Labor Standards Act (FLSA) Section 7(j) status shall be compensated by pay or time off based on mutual agreement between the employee and the county. If mutual agreement cannot be reached, the employee shall be paid for the overtime.

(6)

Notwithstanding subsections (1), (3), (5), (7) and (8h) of this section, and Section 2.48.050(g), employees in the classes of district attorney investigator I, district attorney investigator II and district attorney investigator III shall receive one and one-half hours overtime pay compensation or compensatory time off for hours actually worked in excess of eighty hours in a two-week payroll period. There shall be a maximum accumulation of compensatory time off of ninety hours earned for every sixty hours of overtime worked. When an employee has accumulated the maximum allowable compensatory time, any overtime worked thereafter will be paid at the rate of time and one-half. Compensatory time will not be lost if not used in the year it was earned. At the time of separation from county service, unused compensatory time off will be paid at the straight time rate. The determination as to whether overtime shall be paid or compensation time off shall be granted shall be made prior to the assignment of overtime work and shall be at the request of the employee and with the approval of the department head. Notwithstanding Section 2.48.050(g), "hours actually worked," as used in this subsection shall not include sick leave, vacation time, holiday hours, or compensatory time off.

(7)

Employees in job classes as specified by resolution of the board of supervisors of the county may be designated to receive compensatory time off only. Such compensating time off shall be granted in accordance with all of the applicable administrative provisions of this section.

(8)

a.

Employees in the trades, crafts and service, law enforcement, supervisory law enforcement, fire support, and fire supervisory units of representation may accumulate up to a maximum of ninety hours of compensatory time off for sixty hours worked.

When an employee has accumulated the maximum allowable compensatory time, any overtime worked thereafter will be paid at the rate of time and one-half. Compensatory time will not be lost if not used in the year it was earned. At the time of separation from county service, unused compensatory time off shall be paid at two-thirds of the accumulated hours at the straight-time rate, except that for employees who are laid off by the county shall receive a straight time rate payoff of all of their unused compensatory time off.

Management will not unreasonably deny proper employee requests for use of the compensatory time off.

b.

Employees in the clerical, public service, supervisory and confidential units of representation, except attorney classes, may accumulate up to a maximum of one hundred twenty hours of compensatory time off for ninety hours worked.

When an employee has accumulated the maximum allowable compensatory time, any overtime worked thereafter will be paid at the rate of time and one-half. Compensatory time will not be lost if not used in the year it was earned. At the time of separation from county service, unused compensatory time off shall be paid off at the straight-time rate.

Management will not unreasonably deny proper employee requests for use of compensatory time off.

c.

For all other eligible employees, compensatory time off may be accumulated up to a maximum of forty-five hours earned for thirty overtime hours worked.

When an employee referenced in subsection (8)a. or (8)b. of this section, has accumulated the maximum allowable compensatory time, any overtime worked thereafter will be paid at the rate of time and one-half. Compensatory time off shall be used by the last day of the last pay period in each calendar year in which it is earned, except as provided in subsection (8)a. of this section. At the time of separation from county service, unused compensatory time off will be paid at the straight-time rate.

(9)

Use of earned compensating time off must be approved in advance by the department head or designate and shall be counted as time worked for payroll purposes and benefits calculation.

(10)

For the purpose of payroll computation and determining hours worked on holidays, all continuous hours worked beginning at commencement of the regular shift and continuing for the period of twenty-four hours thereafter shall be deemed hours worked for the calendar day when the shift commenced.

(11)

Notwithstanding any other provisions of this code, unless provided in a memorandum of understanding or board of supervisor's resolution, employees in job classes who have not been specified as eligible for receipt of overtime or compensatory time off, as provided by subsection (5) or (6) as provided in this section, shall not be subject to defined working hours.

(Ord. 2318 §§ 1, 2, 1987; Ord. 2207 § 1, 1985; Ord. 2202 § 1, 1984: Ord. 2154 § 1, 1983; Ord. 2147 § 1, 1983; Ord. 2108 § 1, 1982; Ord. 2104 § 2, 1982; Ord. 2072 § 2, 1981: Ord. 2035 § 1, 1980: Ord. 1819 § 1, 1977: Ord. 1410 § 1, 1974; Ord. 1297 § 1, 1973; Ord. 1238 § 1, 1974: Ord. 1189 § 2, 1971: Ord. 1028 § 1, 1969: Ord. 902 § 1, 1967: Ord. 757 § 1 (part), 1964: Ord. 656 § 3, 1963: Ord. 552 § 2 (part), 1961: prior code § 2-031)