Salary Resolution No. 95-0926 Revised August 2023 Section 20: Overtime and Compensatory Time

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What’s on this Page:

• 20.1 Overtime – FLSA
• 20.2 Overtime – FLSA Overtime Not Cumulative
• 20.3 Overtime – Non Statutory – Non-Exempt Employee
• 20.4 Overtime – Non Statutory – Exempt Employees
• 20.5 Overtime – Assignment of
• 20.6 Overtime – Earned
• 20.7 Overtime – Compensation for Exempt Employees
• 20.8 Overtime – Compensation for Non-Exempt Employees
• 20.9 Compensatory Time Off (CTO) – Employee Choice (Amended 10/21/14, 7/10/18)
• 20.10 Compensatory Time Off (CTO – Cash Out
• 20.11 Compensatory Time Off (CTO) – Cash Pay Only
• 20.12 Compensatory Time Off (CTO) – Authorization for Use
• 20.13 Compensatory Time Off – Payment at Separation
• 20.14 Overtime In a Board Designated Emergency  (Amended 6/12/19)
• 20.15 Overtime for Department of Emergency Management and Fire Marshal (Amended 6/12/19)

Read Next: Section 21: Holidays

Fair Labor Standards Act (FLSA) Overtime shall be defined as hours actually worked in excess of forty (40) hours in a workweek. For the purpose of calculating overtime hours under this Section, the County shall not include any paid time off (for example, sick leave, vacation, and holidays.) Applying FLSA legal standards, the County shall compensate an employee for overtime at the rate of one and one-half (1.5) times the employee’s base hourly rate of pay. 

If an employee’s regular workday extends beyond 12 hours, the County shall pay the employee double time for the hours worked beyond 12 hours.  Overtime for the nonexempt employee is divided into statutory overtime and non-statutory overtime. Statutory overtime is all overtime required by the Fair Labor Standards Act. For the regular nonexempt employee it is defined as all hours worked in excess of forty (40) hours in a regular seven (7) day work period; or, for employees with a 7(j) exemption, it is all hours worked in excess of eight (8) in a regular work day or all hours worked in excess of eighty (80) in a regular fourteen (14) day work period. For law enforcement employees with a 7(k) exemption, it is all hours worked in excess of eighty-six (86) in a regular fourteen (14) day work period.  For fire-fighting employees with a 7(k) exemption, it is all hours worked in excess of two hundred and twelve (212) in a regular twenty-eight (28) day work period.

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FLSA Overtime shall not be compounded, pyramided or cumulative. The County shall not pay an employee for compounded, pyramided, or cumulative overtime compensation even though more than one of the conditions or eligibility standards described this Section may apply to a particular unit of time.

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Non-statutory overtime for nonexempt employees is defined as hours in pay status in excess of forty (40) hours in a seven (7) day work period or eighty (80) hours in a fourteen (14) day work period; or hours in pay status in excess of the normal full-time daily work schedule established by the County (in excess of eight (8) hours for the 5/8 schedule, nine (9) hours for the 9/8/1 schedule, or ten (10) hours for the 4/10 schedule and other full-time daily work schedules that may be prescribed by the County); or any other circumstance except Section 20.1 (Overtime – FLSA) where overtime pay is provided for nonexempt employees elsewhere in this Resolution. Overtime is also defined as hours actually worked on the seventh (7th) consecutive full (8, 9 or 10 hour) day and any consecutive full (8, 9 or 10 hour) days worked thereafter; however, individual employees may waive such overtime.

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Non-statutory overtime for exempt employees is defined as hours in pay status in excess of eighty (80) hours in a pay period; or hours in pay status in excess of the normal full-time daily work schedule established by the County on a regular work day (in excess of eight (8) hours for the 5/8 schedule, nine (9) hours for the 9/8/1 schedule, ten (10) hours for the 4/10 schedule and other full-time daily work schedules that may be prescribed by the appointing authority); or any other circumstance where overtime pay is provided for exempt employees elsewhere in this Resolution.  Overtime is also defined as hours actually worked on the seventh (7th) consecutive full (8, 9 or 10 hour) day and any consecutive full (8, 9 or 10 hour) days worked thereafter; however, individual employees may waive such overtime.

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1. An appointing authority 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.
2. No employee other than an Unrepresented Administrative Management employee shall work overtime unless authorized by the employee's appointing authority.
3. Except in an emergency, no employee other than an Unrepresented Administrative Management employee shall be required to work in excess of sixteen (16) hours in any 24 hour period.

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Except as described within Sections 20.14 (Overtime In a Board Designated Emergency) and 20.15 (Overtime for Exempt Emergency Services Managers), all overtime shall be earned at the rate of one and one-half (1 1/2) hours for each one (1) overtime hour worked through the twelfth (12^th) consecutive hour, and after the twelfth (12^th) consecutive hour, overtime shall be earned at the rate of two (2) hours for each one (1) overtime hour worked. Overtime compensation for nonexempt employees will be payable with compensation for the pay period in which the regular work weekends or later as permissible by law. 

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Exempt employees shall be compensated for accrued overtime either in cash at the employee's base hourly rate or as compensatory time off.

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Non-exempt employees shall be compensated for overtime earned either in cash or as compensatory time off. Statutory overtime shall be compensated in accordance with law utilizing all permissive credits. Non-statutory overtime earned shall be compensated either in cash at the employee's base hourly rate or as compensatory time off.

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The employee assigned to overtime and eligible for compensatory time off (CTO) shall make an irrevocable choice each time such overtime is worked whether to be compensated in cash at one and one-half (1.5) times the base hourly rate or in compensatory time off until a maximum of one hundred twenty (120) hours of compensatory time have been accrued.

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At no time, other than separation, shall an employee with a CTO balance greater than 0.1 hours voluntarily or involuntarily "cash out" compensatory time that has been accrued.  Balances of less than 0.1 hours shall be paid in cash at the base hourly rate at the end of March each year.

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When one hundred twenty (120) hours of compensatory time are accumulated, the department will compensate the employee in cash at one and one-half (1.5) times the base hourly rate for any additional overtime worked.

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

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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 or as otherwise required by law.

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Unrepresented Administrative Management employees and appointed Department Heads shall be eligible for straight-time overtime when working beyond forty (40) hours in a week due to a local, state or federal disaster declaration by the Board of Supervisors, and as authorized by the County Administrator. Under no circumstances, shall an employee designated as Unrepresented Administrative Management or an appointed Department Head be paid or be compensated in any manner for overtime except under such conditions as may be set forth by the Board of Supervisors.

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All exempt Administrative Management and the Director in the Department of Emergency Management, and the Fire Marshal will be eligible for straight-time overtime for qualifying mutual aid events in excess of twelve (12) hours only if the County is entitled to reimbursement for that employee’s time from a third party.  Such overtime will be paid at the Department Head’s discretion only after the County has received either advance approval for the reimbursement, or the reimbursement itself.

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