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HomeMy Public PortalAbout120_060_Agenda Request for Revision of the Overtime Compensatroy Time Off Policy.pdfMAYOR Jason Buelterman CITY COUNCIL Barry Brown Wanda Doyle Bill Garbett Julie Livingston John Major Monty Parks CITY OF TYBEE ISLAND City Council Agenda Item Request CITY MANAGER Diane Schleicher CLERK OF COUNCIL Janet LeViner CITY ATTORNEY Edward M. Hughes Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:001131 on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 09/22/2016 Item: Revision to the policy on overtime/compensatory time off; approval and designation for public safety personnel to comply with the FLSA standards. Explanation: The purpose of this agenda item is to revise the current overtime/compensation policy to the FLSA standards. Firefighters have been added to our payroll and have been approved to work a 24 on / 48 off shift. Those employees will work 120 hours every 14 days. The current policy under B. Policy Specifics states that non-exempt public safety, emergency response, or seasonal employees are eligible to receive overtime pay after working 80 hours in a 14 day work period. The city cannot pay overtime for the firefighters after 80 hours worked. The Human Resources recommends to follow the FLSA standards for public safety employees which states that employees engaged in fire protection or law enforcement may be paid overtime on a "work period" basis. A "work period" may be form 7 consecutive days to 28 consecutive days in length. For work periods of a least 7 but less than 28 days, overtime pay is required when the number of hours worked exceeds the number of hours that bears the same relationship to 212 (fire) or 171 (police) as the number of days in the work period bears to 28. Using our pay periods, fire protection personnel are due overtime under such a plan after 106 hours worked during a 14 -day work period, while law enforcement personnel must receive overtime after 86 hours worked during a 14 -day work period. This new policy follows the FLSA law. Last year the police exceeded their overtime line item approximately $30,000. Changing this policy will help reduce this overage. The revised policy is included as an attachment with this agenda. All revisions to the policy are in red. Budget Line Item Number (if applicable): Paper Work: X Attached* - New Policy, FLSA Requirements, Police 2015-2016 Budget Expenitures Audio/Video Presentation** Electronic submissions are requested by not required. Please email to ileviner, citvoftvbee.org. P.O. Box 2749 — 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 — FAX (866) 786-5737 www.cityoftybee.org * * * 'k Certified .City of ',r ,y��Ethics �LLyv Audio/video presentations must be submitted to the IT department at City Hall by 4:OOPM on the Thursday prior to the scheduled meeting. NOTE: Request will be postponed if necessary information is not provided. Submitted by: Janice Elliott, HR Division Director Phone / Email: jelliott@cityoftybee.or2 Comments: Date given to Clerk of Council 09/14/2016 P.O. Box 2749 — 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 — FAX (866) 786-5737 www.cityoftybee.org * * * * Certified'* * City of ',t kEthics y� a��,BL.. POLICY ON Overtime/compensatory time off; approval and designation Tybee Code Sec. 46-45. It is the intent and policy of the city to comply with the Fair Labor Standards Act (FLSA), as it applies to local governments, in its overtime and compensatory time provisions for city employees. In the event that the city's personnel policy should differ from the FLSA, the FLSA controls. The overtime/compensatory time off policy as adopted by mayor and council is available in the Clerk of Council office at City Hall. A. Defmitions: 1. Exempt Employees — Exempt employees are exempt from the Federal Wage and Hour overtime provisions of FLSA. With few exceptions, employees are exempt if paid a guaranteed minimum amount of money that the employee can count on receiving for any work week in which he/she performs any work. That amount must be at least $23,600 per year, on a salary basis and the employee must perform exempt job duties. Employees employed in a bona fide executive, administrative, or professional role are exempt job duties. All of the essential conditions prescribed by the FLSA regulations must be met before an employee may be considered exempt. 2. Non-exempt Employees — Non-exempt employees fall under the overtime Federal Wage and Hour provisions. 3. Public Safety Activities — Those activities covered as fire protection and law enforcement activities. 4. Fire Protection Activities - An employee, including a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous materials worker, who is trained in fire suppression, has the legal authority and responsibility to engage in fire suppression, and is employed by the fire department; and is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk. Not included in the term are the so-called "civilian" employees of the fire department or employees who engage in such support activities as those performed by dispatchers, alarm operators, apparatus and equipment repair and maintenance workers, camp cooks, clerks, stenographers, etc. 5. Law Enforcement Activities - Any employee who is a uniformed or plain clothed member of a body of officers and subordinates who are empowered by State statute or local ordinance to enforce laws designed to maintain public peace and order and to protect both life and property from accidental or willful injury, and to prevent and detect crimes, who has the power to arrest, and who is presently undergoing or has undergone or will undergo on-the-job training and/or a course of instruction and study which typically includes physical training, self-defense, firearm proficiency, criminal and civil law principles, investigative and law enforcement techniques, community relations, medical aid and ethics. Not included are the so-called "civilian" employees of law enforcement agencies who engage in such support activities as those performed by dispatcher, radio operators, apparatus and equipment maintenance and repair workers, janitors, clerks and stenographers. B. Policy Specifics: FLSA overtime requirements do not apply until a non-exempt employee works 40 hours in a week. Only time worked is counted and time not worked, for whatever reason, is not counted. Non- exempt employees are eligible to receive overtime pay after working 40 hours in a one week period. Non-exempt public safety, emergency response, or seasonal employees arc eligible to receive overtime pay after working 80 hours in a 11 day work period are subject to liberalized overtime standards under section (7) K of the Fair Law Standards Act (FLSA). FLSA provides that employees engaged in fire protection or law enforcement may be paid overtime on a "work period" basis. A "work period" may be from 7 consecutive days to 28 consecutive days in length. For work periods of at least 7 but less than 28 days, overtime pay is required when the number of hours worked exceeds the number of hours that bears the same relationship to 212 (fire) and 171 (police) as the number of days in the work period bears to 28. For example, fire protection personnel are due overtime under such a plan after 106 hours worked during a 14 -day period, while law enforcement personnel must receive overtime after 86 hours worked during a 14 -day period. All City of Tybee Fire Department personnel shall be subject to a fourteen (14) day work period. Fire Department personnel shall work one hundred -six (106) hours in a work period before overtime is required. The hourly rate is calculated by dividing the annual base salary by the number of hours scheduled for the year. All City of Tybee Police Department personnel shall be subject to a fourteen (14) day work period. Police Department personnel shall work eighty-six (86) hours in a work period before overtime is required. The hourly rate is calculated by dividing the annual base salary by the number of hours scheduled for the year. It shall be the city's policy to accrue compensatory time (comp time) in lieu of payment for overtime hours worked by non-exempt employees to reduce the cost of overtime wages and to assist employee productivity and effectiveness without extra cost to the city. All existing employees and new hires will be informed and give written notice of the policy. Comp time is defined as time off granted to non-exempt employee to offset hours worked by the employee over and above those required in the normal course of employment. Exempt employees are not eligible to accrue comp time. C. Overtime All overtime work must receive the employee's supervisor's prior authorization. Overtime assignments will be distributed as equitably as practical to all employees qualified to perform the required work. Non-exempt employees will be compensated overtime pay in accordance with federal and state wage and hour restrictions at a rate of 1.5 times their regular rate. For non-exempt salaried employees, the salary must be broken down into hourly rate for computation of overtime. Overtime pay is based on actual hours worked. Time off for sick leave, vacation leave, meals, comp time taken, or any leave of absence will not be considered hours worked for purposes of performing overtime calculations. D. Compensatory Time Compensatory leave shall be authorized at 1.5 hours of leave per overtime hour worked for non-exempt employees. An employee may be granted the use of earned compensatory leave upon request at such time as designated by his/her supervisor which will least obstruct normal operations of the department. A supervisor may refuse to authorize use of compensatory leave if the absence of the employee would result in undue disruption of normal operations of the department. Compensatory leave accumulated by an employee as of the effective date of this rule shall be retained by the employee until used in accordance with the provision of these regulations. E. Guidelines The following are the guidelines for the use of compensatory time (comp time): 1. Non-exempt employees may receive comp time in lieu of overtime pay for hours worked in excess of the maximum set for their work period. 2. Except in cases of emergency, the department head must approve any hours beyond an employee's normally scheduled hours. Department heads are expected to organize their projects and tasks appropriately to minimize comp time accruals for pre -approved projects or seasonal demands that are substantial in nature. 3. Comp time is not intended for ongoing daily work. Time reports of the employee showing overtime hours accrued as comp time must be signed by both the employee and the department head as an agreement between the two that the employee will be taking comp time in lieu of overtime pay. 4. A non-exempt employee may accrue a maximum of 120 hours of comp time at any given time (160 hours for employees engaged in public safety, emergency response, or seasonal activities). Any hourly employees who accrue time over the maximum will not be logged as comp time and will be paid to the employees as overtime. 5. Comp time accrued should be utilized (redeemed) at a time mutually agreeable to the employee and supervisor and before March 31S` of each year. 6. If an employee with accrued comp time is promoted to an exempt position, all accrued comp time will be paid out prior to the effective date of the promotion. 7. Employees engaged in public safety, emergency response, or seasonal activities, who transfer to positions subject to the 160 -hour limit, may carry over to the new position any accrued compensatory time. The City will not be required to cash out the accrued compensatory time which is in excess of the lower limit. However, the employee will be compensated in cash wages for any subsequent overtime hours worked until the number of accrued hours of compensatory time falls below the 160 -hour limit 8. All comp time earned by an employee must be used before the employee uses any accrued annual leave unless this will result in accrued vacation being forfeited. 9. If an employee takes a medical leave of absence, accrued comp time shall be added to other appropriate leave time for additional time off and utilized prior to the utilization of any other accrued leave time. 10. Upon employee separation, an employee shall be paid for accrued unused comp time. The official time and attendance records maintained by the city's personnel office will be the controlling records for any compensatory time purpose. The city may pay an employee in cash, in whole or part, for accumulated compensatory time, at any time. ****************************************************************************** Policy Title: Overtime and Compensatory Time Policy Approved By Mayor and Council on: Mayor (signature) City Manager (signature) U.S. Department of Labor Wage and Hour Division US.W0getindlititueDiiistort (Revised March 2011) Fact Sheet #8: Law Enforcement and Fire Protection Employees Under the Fair Labor Standards Act (FLSA) This fact sheet provides general information concerning the application of the FLSA to law enforcement and fire protection personnel of State and local governments. Characteristics Fire protection personnel include firefighters, paramedics, emergency medical technicians, rescue workers, ambulance personnel, or hazardous materials workers who: 1. are trained in fire suppression; 2. have the legal authority and responsibility to engage in fire suppression; 3. are employed by a fire department of a municipality, county, fire district, or State; and 4. are engaged in the prevention, control and extinguishment of fires or response to emergency situations where Life, property, or the environment is at risk. There is no limit on the amount of nonexempt work that an employee employed in fire protection activities may perform. So long as the employee meets the criteria above, he or she is an employee "employed in fire protection activities" as defined in section 3(y) of the FLSA. Law enforcement personnel are employees who are empowered by State or local ordinance to enforce laws designed to maintain peace and order, protect life and property, and to prevent and detect crimes; who have the power to arrest; and who have undergone training in law enforcement. Employees engaged in law enforcement activities may perform some nonexempt work which is not performed as an incident to or in conjunction with their law enforcement activities. However, a person who spends more than 20 percent of the workweek or applicable work period in nonexempt activities is not considered to be an employee engaged in law enforcement activities under the FLSA. Coverage Section 3(s)(1)(C) of the FLSA covers all public agency employees of a State, a political subdivision of a State, or an interstate government agency. Requirements Hours of work generally include all of the time an employee is on duty at the employer's establishment or at a prescribed work place, as well as all other time during which the employee is suffered or permitted to work for the employer. Under certain specified conditions time spent in sleeping and eating may be excluded from compensable time. The FLSA requires that all covered nonexempt employees be paid the statutory minimum wage of not Less than $7.25 per hour effective July 24, 2009. FS 8 The FLSA requires that all covered nonexempt employees be paid overtime pay at no less than time and one- half their regular rates of pay for all hours worked in excess of 40 in a workweek. Section 13(b)(20) of the FLSA provides an overtime exemption to law enforcement or fire protection employees of a public agency that employs less than five employees during the workweek in law enforcement or fire protection activities. Section 7(k) of the FLSA provides that employees engaged in fire protection or law enforcement may be paid overtime on a "work period" basis. A "work period" may be from 7 consecutive days to 28 consecutive days in length. For work periods of at least 7 but Less than 28 days, overtime pay is required when the number of hours worked exceeds the number of hours that bears the same relationship to 212 (fire) or 171 (police) as the number of days in the work period bears to 28. For example, fire protection personnel are due overtime under such a plan after 106 hours worked during a 14 -day work period, while law enforcement personnel must receive overtime after 86 hours worked during a 14 -day work period. Under certain prescribed conditions, a State or local government agency may give compensatory time, at a rate of not less than one and one-half hours for each overtime hour worked, in lieu of cash overtime compensation. Employees engaged in police and fire protection work may accrue up to 480 hours of compensatory time. An employee must be permitted to use compensatory time on the date requested unless doing so would "unduly disrupt" the operations of the agency. At the time of termination an employee must be paid the higher of (1) his or her final regular rate of pay or (2) the average regular rate during his or her last three years of employment for any compensatory time remaining "on the books" when termination occurs. For more information on state and local governments under the FLSA, see Fact Sheet #7. No covered employer may employ any minor in violation of the youth employment provisions of the FLSA. The Act establishes specific provisions concerning prohibited occupations and/or hours of employment of minors under age 18. Covered employers must make, keep and preserve payroll -related records as described by regulations 29 CFR Part 516. Where to Obtain Additional Information For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866- 4USWAGE (1-866-487-9243). This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. U.S. Department of Labor 1-866-4-USWAGE Frances Perkins Building TTY: 1-866-487-9243 200 Constitution Avenue, NW Contact Us Washington, DC 20210 4.0 O 0 N 0 N yo 0 0 F 0] 0 a 0 Z O 4 0 N O < a 0 F 4l z a 0 F 0 0) D 0 CO O O Z F F Z [D Cr 0 0 a0 0 U CO 9-09-2016 04:14 PM c i 0 D 4 G ✓ 7 Lza .N 0 G 01 0 4 0 0 O 4E. 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