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HomeMy WebLinkAboutCity Council Resolutions (R-89-514)-11/07/1989 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 RESOLUTION R-89-514 2 3 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, 5 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: 6 7 Sec. 1. THAT Chapter VIII, Section 5-0vertime Pay of the Personnel Handbook be amended to read as follows: 8 OVERTIME PAY 9 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 26 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 f., ~9-~/1 1 2 3 4 5 6 7 8 9 26 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 1 2 3 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. 4 5 6 7 8 9 10 4. Executive, admi ni strati ve and professional employees are exempt from 11 the payment of overtime (typically, for example, department heads). Exempt employees shall not be compensated for overtime. 12 13 AND IT IS SO RESOLVED. 14 Passed by a vote of S- to on the 7th day of f'fuYember, 1989. D 15 CITY OF COLLEYVILLE ~ 16 CHRIS HAWKINS MAYOR 17 18 19 20 21 dMcW/ 22 G/d/27 23 24 25 26