2019 - 2023 DSA Memorandum of Understanding: Article 14: Hours and Overtime

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What’s on this Page

• 14.1 Application
• 14.2 Types of Employment
• 14.3 Work Schedules
• 14.4 Flex-Time Schedule
• 14.5 Posting of Work Schedules
• 14.6 Work Schedule Change
  
  • 14.6A Patrol Bureau 3-11 / 4-11 Alternating Work Period
  • 14.6B Patrol Bureau Shift Bidding
• 14.7 Statutory Overtime for the Non-Exempt Employee
• 14.8 Non-Statutory Overtime
• 14.9 Assignment of Overtime
• 14.10 Overtime Earned
• 14.11 Overtime Compensation
• 14.12 Approval for Compensatory Time Off
• 14.13 Requests for Compensatory Time Payments
• 14.14 Compensatory Time Payment at Separation
• 14.15 Half-Time Pay Provision
• 14.16 Overtime Not Cumulative
• 14.17 Non-Applicability of FLSA

Read Next: Article 15: Standby and Callback

This Article is intended only as a basis for outlining standards for hours of work, work schedules and a basis for calculating overtime payments. Hours specified under types of employment indicate a commitment by the County to the normal maximum hours each employee is to be regularly scheduled, as long as there is sufficient work.

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FULL-TIME: An allocated position which is regularly scheduled for 80 hours of work in a bi-weekly pay period or other regular full-time schedule permitted under the 7k exemption of the Federal Fair Labor Standards Act (FLSA).

PART-TIME: An allocated position which is regularly scheduled for less than 80 hours of work in a bi-weekly pay period.

EXTRA HELP: A non-allocated assignment of duties which is defined in the Civil Service Rules.

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The County reserves the right to establish and modify work schedules consistent with this Memorandum. However, the County recognizes its obligation to meet and confer on the impact of its decision to modify work schedules prior to the implementation of any proposed change.

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The County reserves the right to utilize a flex-time schedule, to be mutually agreed upon by the department and the employee. Employees assigned to a flex-time schedule will be eligible for overtime only when the hours worked exceed 80 in a pay period or as otherwise required by law. The County reserves the right to discontinue the flex-time schedule and reassign an employee to a normal daily work schedule based on the operational needs of the department.

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For the convenience of employees, work schedules will be posted in advance.

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The County reserves the right to establish and modify individual work schedules. Except in cases where emergency operations require less notice, a notice of change in an individual’s work schedule arising from other than transfer or promotion shall be given to the affected employee not less than seven (7) calendar days prior to the effective date of the schedule change. Failure to give the seven (7) day notice to a full-time employee shall entitle the affected employee to overtime compensation for all hours actually worked on the new schedule until seven (7) calendar days notice is given. If any full-time employee has been given seven (7) calendar days advance notice of a shift change and the shift change results in the employee doubling back to work the new shift after leaving the work site, all hours worked on the new shift within the employee’s same work day as the former shift will be paid at the employee’s base rate, not at overtime, except as otherwise required by law. Part-time employees shall not be paid overtime for changes in schedule unless it results in an employee working over a normal work shift (8 or 10 or more hours) in a regular work day or over 80 hours in a pay period. The term “emergency operations” shall be construed to mean the performance of County functions or services necessary, in the opinion of the County, to protect or preserve the lives, safety, health, or property of the County or the public it serves, but “emergency operations” shall not be construed to mean situations where the County knew in advance of non-emergency situations and could have reasonably planned for any work schedule change necessary to adequately cope with the situation.

14.6A Patrol Bureau 3-11 / 4-11 Alternating Work Period

For some Deputy and Sergeant assignments within the Patrol Bureau, as specified by the Sheriff, the County has designated the relevant “work period” under the Fair Labor Standards Act (FLSA) as a twenty-eight (28) day cycle. The 28-day work period spans from 12:00 a.m. Tuesday morning thru 11:59 p.m. Monday at the end of the 28^th day. During the work period, bargaining unit members assigned to the 3/11-4/11 Alternating Work Period shall be assigned to work the following schedule:

• Three (3) eleven (11) hour consecutive work days,
• Followed by four (4) consecutive days off,
• Followed by four (4) eleven (11) hour consecutive work days,
• Followed by three (3) consecutive days off.

The schedule will consist of a three pay period cycle, wherein during one of the three pay periods of the cycle employees will work one additional “straight time” (non-overtime) nine (9) hour shift, scheduled as determined by the Field Services Captain or designee on a day that would have otherwise been a scheduled day off. The 9 hour shift will be scheduled at the beginning of the 3-pay-period cycle with at least thirty (30) days advance notice to the employee. Section 14.6 above allows schedule changes. In a three pay period cycle, this schedule results in employees working 77 hours in each of two pay periods, and 86 hours in one pay period. Overtime shall be as provided in Sections 14.7 and 14.8.

14.6B Patrol Bureau Shift Bidding

The County will follow a shift bidding policy during the term of this Memorandum for a limited number of eligible Sheriff’s Deputies (not Sergeants) assigned to the 3-11/4-11 schedule in the Patrol Bureau Main Office and for eligible Sheriff’s Deputy assignments in Court Security.

Shift bidding will occur once a year and generally will be implemented the first pay period in January. Sheriff’s Deputies assigned to Court Security and the Main Office will be allowed to shift bid. However, the Field Services Captain may identify 50% of the staffing at Court Security that will not be able to participate in the shift bid process. Additionally, certain assignments within Field Services will not be eligible for shift bid, as identified in the Law Enforcement manual Shift Bid Policy to be developed.

Association grievances concerning the interpretation, application or alleged violation of this Section (14.6B) are subject to the Grievance Procedure under this MOU. Any individual grievance concerning the interpretation, application or alleged violation of the shift bidding policy shall be subject only to the Departmental Grievance Procedure and any such grievance is hereby expressly excluded from the Grievance Procedure of this MOU.

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Overtime for the non-exempt employee is divided into statutory overtime and non-statutory overtime. Statutory overtime is overtime that is required by law. Statutory overtime for the sworn, non-exempt employee is defined as all hours worked in excess of 86 hours in a 14-day work period (which currently coincides with the pay period).

Statutory Overtime – Patrol Bureau 3-11 / 4-11 Work Schedule (28-Day Work Period)

Statutory overtime for the sworn, non-exempt employee assigned to a 3-11 / 4-11 Work Period in the Patrol Bureau and on a 28-day work period, as described in Section 14.6A, is defined as all hours worked in excess of 171 hours in the 28-day work period. The 28-day work period spans from 12:00 a.m. Tuesday morning thru 11:59 p.m. Monday at the end of the 28^th day.

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For the sworn, non-exempt employee assigned to a 4-10 work period, non-statutory overtime is defined as hours actually worked in excess of 80 pay status hours in a regular 14-day work period.

Example: Employee works 70 hours on normal schedule, is on paid sick leave for 10 hours and works an additional 10 hours outside normal work shift. The additional 10-hour shift is paid at overtime.

Non-statutory overtime for all employees is also defined as hours actually worked in excess of hours in pay status on the employee’s normal full-time daily work shift established by the department head or any other circumstance except Article 14.6 where overtime pay is provided in this Memorandum.

Example 1: Employee assigned to 10-hour shifts works 12 hours. Overtime is paid for 2 hours.

Example 2: Employee is on Leave Without Pay for 40 hours of work period; then, actually works 40 hours on normal work shift and 7 hours not on normal daily work shift. The 47 hours worked are all paid at straight time.

Non-Statutory Overtime – Patrol Bureau 3-11 / 4-11 Work Period (28-Day Work Period)

Non-statutory overtime for the sworn, non-exempt employee assigned to a 3-11 / 4-11 Work Period in the Patrol Bureau and on a 28-day work period, as described in Section 14.6A, non-statutory overtime is defined as hours actually worked in excess of 163 pay status hours in a regular 28-day work period which contains a 77 and an 86 hour pay period, or 154 pay status hours in a regular 28- day work period which contains two 77 hour pay periods. The 28-day work period spans from 12:00 a.m. Tuesday morning thru 11:59 p.m. Monday at the end of the 28^th day.

Non-statutory overtime for all employees is also defined as hours actually worked in excess of hours in pay status on the employee’s normal full-time daily work shift (either 11 hour shift or 9 hour shift as scheduled) established by the Department Head or any other circumstance except Article 14.6 where overtime pay is provided in this Memorandum.

Example 1: Employee assigned to 11-hour shifts works 12 hours. Overtime is paid for 1 hour.

Example 2: Employee is on Leave without Pay for 40 hours of work period; then, actually works 40 hours on normal shift and 7 hours not on normal daily work shift. The 47 hours worked are all paid at straight time.

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A Department Head may require and authorize an employee to work overtime if such overtime is essential to the continuing efficient operation of the department in which the employee works. No employee shall work overtime unless authorized by the employee's designated supervisor.

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Overtime shall be earned at the rate of one and one half (1-1/2) hours for each one (1) hour of overtime worked.

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1. Exempt employees shall be compensated for accrued overtime either in cash at the employee's base hourly rate or as compensatory time off. Non-exempt employees shall first be compensated for statutory overtime in cash at the employee's regular rate of pay. Additional overtime earned by the non-exempt employee shall be compensated either in cash at the employee's base hourly rate or as compensatory time off. The employee assigned to overtime shall make a choice whether to be compensated in cash or in compensatory time until a maximum of one hundred and sixty (160) hours of compensatory time have been accrued. When one hundred and sixty (160) hours of compensatory time are accumulated, the department will compensate the employee in cash for any additional overtime worked.
2. Notwithstanding the language in 14.11.a. above, the Department Head may require overtime worked to relieve compensatory time off to be paid in cash.

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No employee shall take compensatory time off without prior approval of the employee's Department Head. The Department Head shall attempt to schedule such time off at the time agreeable to the employee.

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Each employee may request payment for any or all of the employee's current balance of compensatory time off with the employee's normal pay for any pay period.

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Each employee who is separated from County service shall be entitled to payment for accrued compensatory time at the employee's base hourly rate at the time of the employee's separation.

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If overtime compensation causes an employee's total regular hours in a pay period to be less than the employee's ongoing schedule then the overtime hours shall be compensated at straight time and the employee shall receive half-time compensation at the base hourly rate in cash or in compensatory time off, in accordance with 14.11.

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Overtime eligibility provisions are not cumulative. An employee shall not be entitled to multiple overtime compensation even though more than one overtime condition in this Memorandum may apply.

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In the event FLSA is rendered inapplicable to the County, either by legislative or judicial action, then the County shall, from the effective date of such action, consider all overtime as non-statutory and assign all employees to a 14-day regular work period.

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