ARTICLE 3. CLASSIFICATION AND
COMPENSATION EFFECTIVE DATE: 05/04/98
RULE 304. PREMIUM PAY REVISED DATE:
06/05/03
A. OVERTIME:
1.
COVERAGE: This Rule extends coverage to those employees in the classified non-exempt and
unclassified non-exempt services without regard to regular, temporary,
emergency or intermittent
status. Employees in the classified exempt and
unclassified exempt service are not eligible for
overtime compensation except as
provided under Rule 304(A)(4).
2.
SCHEDULING, ALLOCATION AND APPROVAL OF OVERTIME: All
employees may
be scheduled and required to work overtime when directed to do so.
3.
METHODS OF COMPENSATING FOR OVERTIME - NON-EXEMPT
EMPLOYEES:
Overtime which can be foreseen must be scheduled and pre-approved by the employee's
supervisor. In scheduling overtime, supervisors may
seek to schedule such time using staff who
have volunteered for such overtime.
When extraordinary circumstances arise which precludes
prior approval of overtime, employees who have worked such time shall, within one hour of the
beginning of
their next work day, so notify their supervisor. A non-exempt status employee who
is
required to work overtime, shall be compensated for such overtime by either one
of the following
methods at the discretion of the Division Head:
a. By payment at one and one-half (1.5) times the employee's current hourly rate.
b. By compensatory time at a rate of one and one-half (1.5) hours off for each hour of overtime 4. MANAGEMENT LEAVE: An exempt employee who is required to work extra-
ordinary hours in
unusual circumstances may be authorized management leave time.
Authorization of this time may be
granted up to a maximum of three (3) working
days at any one time at the discretion of the Division
Head and Presiding
Judge.
Under no circumstances is an exempt employee to be granted
management leave time
on an
hour-for-hour basis for extra hours worked.
5. DIVISIONAL RESPONSIBILITY: It shall be the responsibility of each Division Head to:
a. Schedule time among employees in such a manner as to require little or no overtime; b.
Monitor and review the reporting of time by subordinate personnel to ensure
accuracy of time
claimed; and
c. Sign timesheets, thereby attesting to their accuracy, prior to submitting them for payroll processing.
6. EMPLOYEE RESPONSIBILITY: It shall be the responsibility of each non-exempt employee to:a. Accurately record all hours worked on their timesheet, and
b. Not work overtime hours except as may be authorized and approved by their supervisor; and
c. Sign their timesheet, thereby attesting to their accuracy, prior to submitting them to the Division 7. MODIFICATION OF TIMESHEET ENTRIES: If corrections or modifications
to a timesheet are
made, the employee, supervisor and Division Head must verify the
accuracy of the changes by initialing
and dating each such change.
8. ADMINISTRATIVE PAY CORRECTIONS: If there is an error in the amount of
pay on a paycheck,
the employee shall promptly notify their Division Head so that
corrections can be made.
9. MODIFICATION OF WORK WEEK: Modifications to the work week
established by this Section may
only be made upon formal action of the Presiding Judge.
10. OFFICIAL RECORDS: For purposes of record keeping and determination of
eligibility for
compensation for hours worked, timesheets (as approved by the Presiding
Judge) shall be the official
and only document of the Court Divisions covered under
these Rules.
11. DISCIPLINARY ACTION: Failure of any employee to follow the guidelines
established by this Section
may result in disciplinary action up to and including
dismissal. Altering, falsifying or tampering with any
timesheets or recording time
on another employee's timesheet may also result in disciplinary action up to
and
including dismissal for cause.
B. COMPENSATORY TIME:
1. Compensatory leave must be taken in the pay period wherein hours are worked.
2. If circumstances exist which do not allow accrued compensatory leave to be used within the pay period 3. Divisions are not to maintain or allow the maintenance of logs indicating the working
of compensatory
hours which have not been reported on timesheets. An employee
who does not report compensatory
time during a work week is in violation of these
Rules and may be subject to disciplinary action.
4. Nothing in the Section shall be interpreted to circumscribe, modify or otherwise
impinge on the authority
of Division Heads to modify work schedules as needed for
efficient operation of the division within the
scope of the Fair Labor Standards Act.
1.
COVERAGE: This Section extends coverage to all employees occupying either
probationary or regular
positions in the classified non-exempt service.
a. A non-exempt employee who is called-back to work in a non-scheduled or
emergency situation on
any given day and who returns to work after having
left the place of work and after having otherwise
completed their shift
whether it was of an extended duration or not, shall be compensated at the
rate
of one and one-half (l.5) times that employee's regular hourly rate for
whatever time is worked
during such call-back.
b. Employees who are called-back to work on a scheduled day off shall also be
compensated as
provided in Rule 304(C)(2)(a) above.
c. In no case shall an employee who responds to such call-back receive
compensation for less than
one (1) hour of time worked at the rate established in Rule
304(C)(2)(a) above.
d. The provisions of this Section shall apply without regard for whether or not
the called-back
employee has worked hours in excess of the maximum hours
stipulated by the Fair Labor
Standards Act and these Rules after which over-
time is required to be paid.
e. Time credited for call-back shall include any such time during which a called-back employee is
actively engaged in compensable activity and reasonable
travel time to the work site to which
called-back.
D. ON-CALL (OR STAND BY) PAY:
1. Exempt and non-exempt employees may be required to be on an on-call status. Such
status shall be
interpreted as a period of time during which an employee is subject to
being required to return to a work
status. The compensability of on-call time shall
be determined by factors including the exempt or non-
exempt status of the on-call
employee, the degree of restriction placed on the employee's time and
activities while
on-call and any additional considerations imposed under applicable provisions of the
Fair
Labor Standards Act.
2. Exempt employees who are on an on-call status are not eligible for any form of
premium pay for time
spent on such status, regardless of the degree to which their
ability to use such time for personal activities
is restricted.
4. A non-exempt employee placed on an on-call status whose time is not so restricted
as to render it
compensable, shall receive no additional compensation for hours spent
in on-call status.
6. Non-exempt employees who are called to work from an on-call status shall receive
their regular wage
for all such hours worked except in these cases wherein the total
of all hours previously worked in that
work week, and those worked when called to
work from an on-call status, exceed forty (40) in any
single work week. In instances
when the total hours worked under this section exceed forty (40) in
any work week, the overtime provisions of this Rule shall apply.
E. HOLIDAYS:
1. Employees occupying regular positions shall be allowed time off with pay as
provided for by these Rules
for those holidays observed/recognized by the Court.
The holidays observed by the Court are as follows:
a. January 1 New Year's Day
b. Third Monday in January Martin Luther King Jr./Civil Rights Day
c. Third Monday in February Lincoln/Washington Presidents Day
d. Last Monday in May Memorial Day
e. July 4 Independence Day
f. First Monday in September Labor Day
g. Second Monday in October Columbus Day
h. November 11 Veteran's Day
i. Fourth Thursday in November Thanksgiving Day
j. December 25 Christmas Day
2. Unless otherwise necessary due to circumstances, Judicial offices shall be closed on each of the 10 3. The Court recognizes an additional holiday wherein employees may be scheduled to
take off and receive
holiday pay for either
a. The Day after Thanksgiving (the fourth Friday in November), or
b. Christmas Eve, which is recognized as the day preceding the Christmas
Day
holiday (if Christmas
Eve falls on a Sunday, the holiday shall be recognized
the day following the observed Christmas Day
holiday, or, if Christmas Eve
falls on a Saturday, the holiday shall be recognized on the preceding
Friday.)
c. New Year's Eve, which is recognized as the day preceding the New Year's
holiday (if New Year's
Eve falls on a Sunday, the holiday shall be recognized
the day following the observed New Year's
Day holiday, or, if New Year's
Eve falls on a Saturday, the holiday shall be recognized on the
preceding
Friday.)
It is the responsibility of each Division Head to schedule and allow each of their
employees who occupy
regular positions time off with pay as provided for by County
Rules for either one of the holidays listed in
Rule 304,E3 above. In instances where
it is not operationally feasible for an employee to take their
additional holiday on one
of the holidays listed in Rule 304,E3 above, the Division Head may schedule
the
employee's additional holiday for a mutually acceptable future date, provided the
alternative date is
prior to the following April 1. Each Division Head shall insure
their department/offices remain open to
public access and adequate staff coverage
within their divisions and offices is provided during those
holidays listed in Rule
304,E3 above.
4. In order to avoid disparity among employees, a day of holiday leave shall be
interpreted to mean an eight-
hour work day; therefore, a full-time benefits eligible employee may be
granted eighty-eight (88) hours of
holiday time or pay as permitted by these Rules in
any calendar year as the holidays accrue. A day of
holiday leave for a part-time benefits eligible employee shall be interpreted to
mean a four (4) hour work
day; therefore a part-time employee may be granted forty-four (44) hours of
holiday time or pay as
permitted by these rules in any calendar year as the holidays accrue.
a. With the exception of hourly juvenile detention officers, eligible full-time
probationary and regular
status employees, who are not required to work on
a legal holiday and who do not work on such
holiday, shall be paid wages at
the employee's regular hourly rate for eight (8) hours for such holiday.
b. With the exception of hourly juvenile detention officers, eligible part-time
probationary and part-
time regular status employees not required to work on a legal
holiday and who do not work on
such holiday, shall be paid holiday wages at the employee's regular hourly
rate for four (4) hours
for such holiday.
d. With the exception of hourly juvenile detention officers, if it is not possible
for a full-time employee
to be given time off on a holiday and the employee
is required to work, the employee shall receive:
1) regular wages for hours actually worked on the holiday, and if
applicable, overtime in
accordance with Merit Rule 304(A), for hours
actually worked on the holiday;
3) accrued holiday leave added to the employee's PTO balance in an amount equivalent to the
number of hours they actually worked on the holiday up to a maximum of eight (8)
hours.
e. With the exception of hourly juvenile detention officers, if it is not possible
for a part-time employee
to be given time off on a holiday and the employee
is required to work, the employee shall receive:
1) regular wages for hours actually worked on the holiday, and if
applicable, overtime in
accordance with Merit Rule 304(A), for hours
actually worked on the holiday;
2) holiday wages at the employee's regular hourly rate of pay for a number of hours determined
by subtracting the hours the employee actually worked on the holiday from the
allowable four
(4) hours of holiday benefit; and
f. Eligible full-time juvenile detention officers who are not required to work on
a holiday and who do
not work on such holiday, shall be paid holiday wages
at the employee's regular hourly rate for eight
(8) hours for such holiday. In
addition the employee shall be paid regular wages at the employee's
regular
hourly rate, and if applicable overtime in accordance with Merit Rule 304(A),
for hours
actually worked during the normally scheduled work week. The
employee shall not have any
holiday benefit hours added to their PTO
accruals.
g. Eligible part-time juvenile detention officers who are not required to work on
a holiday and who do
not work on such holiday, shall be paid four (4) hours of holiday wages
at the employee's regular
hourly rate. In addition the
employee shall be paid regular wages at the employee's regular hourly
rate,
and if applicable overtime under Judicial Merit Rule 304(A), for hours
actually worked during
the normally scheduled work week. The employee
shall not have any holiday benefit hours added
to the employee's PTO accruals in the form of accrued holiday leave.
h. If it is not possible for an eligible full-time hourly juvenile detention officer
to be given time off on a
holiday and the employee is required to work, the
employee shall be paid:
1) holiday wages at the employee's regular hourly rate for eight (8) hours for such holiday;
2) regular wages at the employee's regular hourly rate, and if applicable overtime in accordance
with Merit Rule 304(A) for the hours actually worked during the normally scheduled work
week, except for hours actually worked on the holiday; and
3) premium holiday wages at the rate of one and one-half (1.5) times the employee's regular
hourly rate, for each hour actually worked on the holiday. The employee shall not have any
holiday benefit hours added to the employee's PTO accruals in the form of accrued holiday
leave.
1) holiday wages at the employee's regular hourly rate for four (4) hours for such holiday;
2) regular wages at the employee's regular hourly rate, and if applicable overtime in accordance
with Merit Rule 304(A) for the hours actually worked during the normally scheduled work week,
except for hours actually worked on the holiday; and
3) premium holiday wages, at the rate of one and one-half (1.5) times the employee's regular hourly
rate for each hour actually worked on the holiday. The employee shall not have any holiday
benefit hours added to the employee's PTO accruals in the form of accrued holiday leave.
F. LUNCH PERIOD: Non-exempt employees will receive an unpaid work-free lunch period
to assure that
employees have an uninterrupted lunch period. Supervisors should encourage
employees to leave their work
stations during lunch periods.
G. TRAVEL TIME: The compensability of travel time shall be determined by applicable
provisions of the
FLSA. This Rule is provided to provide a general description of compensable
and non-compensable travel
time as a guide for supervisory and non-supervisory personnel.
2.
Home to work travel by an employee acting under the call-back provisions of this
Rule is
compensable. Work to home travel upon release from work after call-back
is non-compensable.
3.
Travel time between work locations which occurs by non-exempt employees during
the employee's
scheduled work shift is compensable.
a. When such time is spent on a commercial transport or carrier (air carrier, boat, auto or bus); or
b. Is for purposes unrelated to the current job; or
c. Participation is voluntary; or
d. The employee does not otherwise perform compensable work during the travel time.
5.
Travel to training which is directly related to an employee's current position, and time
spent in such
training, is compensable.
H. OCCASIONAL OR SPORADIC WORK: Non-exempt employees should not perform
work in addition
to their regular assignments without prior approval of their Division Heads.
Upon authorization, the Division
Head must add those additional hours to the employee's
regular work hours to determine overtime
compensation due. Exceptions to this Rule are
provided for under the FLSA, and may be approved by
the Presiding Judge provided that all
four of the following Rules are met:
2.
The additional work can only be done on an occasional and sporadic basis. If the
work is occasional
(i.e., work performed in connection with seasonal activities), it
may be excludable even if regularly
scheduled. If the work does not occur on an
occasional or seasonal basis, it must be sporadic.
3. The occasional or sporadic work must be solely at the employee's option.
4. Occasional or sporadic work must be different from the employee's regular work.