HomeMy WebLinkAboutCity Council Resolutions (R-89-514)-11/07/1989
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RESOLUTION R-89-514
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A RESOLUTION APPROVING COUNCIL ACTION
4 WHEREAS, recent court decisions have mandated that the CITY OF COLLEYVILLE
be in compliance with the Fair Labor Standards Act,
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NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
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Sec. 1. THAT Chapter VIII, Section 5-0vertime Pay of the Personnel
Handbook be amended to read as follows:
8 OVERTIME PAY
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1. Non-exempt employees (other than 1 aw enforcement and fi re protection
personnel) who are requi red by thei r supervi sors to work more than
forty hours in a workweek shall be compensated for such overtime
at time and one-half. Overtime may be compensated in either of two
ways:
(a) Cash wages at one and one-half times the employee's regular
rate. Such payments may be calculated in either of two
ways:
(i) Hourly employees will receive one and one-half times
their hourly rate of pay for allover-time hours.
(ii) Salaried non-exempt employees will receive overtime
as calculated under the "fixed salary for flunctuating
hours II method authori zed and exp 1 a i ned in 29 CFR
778.114. Employees paid under this method are paid
a guaranteed salary with the clear understanding that
the salary is intended to be their straight-time
compensation for all hours worked, many or few. If
overtime is worked, the overtime premium is calculated
by: (A) dividing the salary by the hours actually
worked to determi ne the employee's regul a r rate; (B)
dividing the rate by two to determine the additional
premium due for each overtime hour; and (C) multiplying
that additional premium by the number of overtime
hours worked in the week.
(b) Compensatory time off with pay accumulated at one and
one-half hours for each overtime hour worked. The option
of granting compensatory time in 1 ieu of cash wages for
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2.
overtime is a condition of employment. Compensatory time
shall be administered in accordance with the requirements
of Section 7 (0) of the FLSA. When employees wish to take
comp time off, they shall request the time from their
immediate supervisor. The time off will be granted within
a reasonable period after the request is made, unless to
do so would unduly disrupt the operations of the City and/or
any of its departments. The employee can accumulate no
more than 240 hours of compensatory time. Overtime in
excess of 240 hours will be paid in cash wages. If
employees' comp time is paid off for any reason, it shall
be paid at the employee's regular rate of pay at the time
of payment. Upon termination of employment (or promotion
to an exempt position), the employee will be paid for unused
comp time at a rate of not less than
(i) The employee's average regular rate during the
last three years of the employee's employment
with the City, or
(ii) The final regular rate received by the employee
from the City, whichever is higher.
Law enforcement personnel who are not otherwise exempt under FLSA
Section 13 (a) (1) shall be paid overtime in the same manner as
employees described in Paragraph 1 above,
with the following exceptions:
a) overtime shall be paid to law enforcement personnel for
hours worked in excess of 86 hours in a 14-day work period,
and that law enforcement personnel may accumulate up to
480 hours of comp time.
and,
b) overtime shall be paid at a rate of one and one-half times
the employee's regular rate if the overtime is a result
of work that was not previously scheduled such as emergency
situations, unplanned replacement of unavailable personnel
or other situations requiring the Police Chief to meet
manning requirements resulting from unique situations where
the employee was not scheduled to work.
3.
Fire protection personnel who are not otherwise exempt under FLSA
Section 13 (a) (1) shall be paid overtime in the same manner as
employees described in Paragraph 1 above,
R- sJ?- 0/4
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with the following exceptions:
a) overtime shall be paid to fire protection personnel
for hours worked in excess of 212 hours in a 28-day
work period, and that fire protection personnel may
accumulate up to 480 hours of comp time.
b) overtime shall be paid at a rate of one and one-half
times the employee's regular rate if the overtime
is a result of work that was not previ ously schedul ed
such as emergency situations, unplanned replacement
of unavailable personnel or other situations requiring
the Fire Chief to meet manning requirements resulting
from unique situations where the employee was not
scheduled to work.
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4. Executive, admi ni strati ve and professional employees are exempt from
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Exempt employees shall not be compensated for overtime.
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13 AND IT IS SO RESOLVED.
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Passed by a vote of
S- to
on the 7th day of f'fuYember, 1989.
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CITY OF COLLEYVILLE
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CHRIS HAWKINS
MAYOR
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