2.32.410 Overtime – Compensatory time.
A. The Borough’s normal scheduled workweek encompasses 40 hours’ work within one week (Monday through Sunday). Nonexempt (hourly) employees (casual, regular or term) who are directed to work hours in excess of eight hours in a workday or 40 in a workweek shall be paid overtime calculated at a rate of one and one-half times the employee’s base hourly rate for overtime worked, except employees working an approved flex schedule will not receive overtime until after the tenth hour in a workday.
B. Upon written consent of both an employee’s supervisor and the employee, and subject to any applicable federal and state laws, an employee may receive compensatory time off in lieu of overtime pay. Compensatory time will be offered to employees in lieu of overtime provided it will not adversely affect the operational needs of the department.
1. Overtime eligible (nonexempt) employees may receive compensatory time off in lieu of overtime, up to a maximum of 100 hours worked per calendar year, resulting in a maximum accrual of 150 hours per calendar year. An overtime eligible employee may accumulate, and have credited to their account, no more than 150 hours of unused compensatory time regardless of when such compensatory time was earned. For overtime eligible employees, compensatory time shall accrue at the same rate as the overtime it is replacing (1:1.5). An employee may carry a maximum of 150 hours of comp time over from year to year. If an employee has 150 hours of comp time accrued, and they are authorized to work overtime, they must take overtime pay rather than comp time, regardless of whether they have met their 100 hours of comp time per year maximum.
2. Non-overtime eligible (FLSA exempt) employees shall accrue comp time on an hour-for-hour basis (1:1), with a maximum balance at any time of 200 hours. Accrued compensatory time shall be treated, and is subject to, the same procedures as personal leave; except that any accrued but not used compensatory time will be forfeited at termination.
C. No employee shall work overtime or compensatory time unless directed to do so by a supervisor empowered to give such direction.
D. For some positions, overtime work is considered a normal part of the job and does not justify overtime pay. Overtime pay shall not be granted to:
1. Appointed employees;
2. Executive/administrative/professional employees;
3. Other persons occupying positions which are exempt from overtime requirements in accordance with federal law and any regulations adopted by the Department of Labor. (Ord. 2019-09 § 2, 2019; Ord. 2018-13 § 9, 2018; Ord. 2015-34 § 13, 2015; Ord. 2012-39 §§ 6 – 8, 2012; Ord. 2009-28 § 19, 2009; Ord. 2006-70 § 7, 2006; Ord. 2003-58 § 16, 2003; Ord. 2000-55 § 3, 2000; Ord. 98-009 § 13, 1998; Ord. 86-017 § 15, 1986; Ord. 84-102 § 2, 1985. 2004 Code § 2.24.391.)