Common use of FLSA Overtime Clause in Contracts

FLSA Overtime. 1. Shift employees shall be paid overtime for all hours worked in excess of 212 during a 28-day work period at a rate of time and one-half the employee's regular rate of pay. For purposes of calculating FLSA overtime, and except as otherwise provided for in this section, "hours worked" during a work/pay period shall mean those regular hours worked and all paid leave time used during the work period, exclusive of time off for disciplinary cause (except in those cases where the disciplinary action is reversed on appeal), administrative leave, leave of absence without pay, comp time and IOD time (including 4850/injury on duty, workers' compensation, short- and long-term disability, and all other forms of disability leave); provided, however, that the City does agree to count up to 30 consecutive shifts for each incident of IOD as hours worked; or up to 30 cumulative shifts in any one 12-month period per incident of IOD, including related incidents of IOD, as hours worked. 2. Provisions in this item (B. FLSA Overtime) are designed to implement the mandatory provisions of the Fair Labor Standards Act. If, through legislative or judicial determination, it is held that the FLSA is not applicable to the City, overtime eligibility and pay shall be determined solely by the provisions in item

FLSA Overtime. 1. Shift employees shall be paid overtime for all hours worked in excess of 212 during a 28-day work period at a rate of time and one-half the employee's regular rate of pay. For purposes of calculating FLSA overtime, and except as otherwise provided for in this section, "hours worked" during a work/pay period shall mean those regular hours worked and all paid leave time used during the work period, exclusive of time off for disciplinary cause (except in those cases where the disciplinary action is reversed on appeal), administrative leave, leave of absence without pay, comp time and IOD time (including 4850/injury on duty, workers' compensation, short- and long-term disability, and all other forms of disability leave); provided, however, that the City does agree to count up to 30 consecutive shifts for each incident of IOD as hours worked; or up to 30 cumulative shifts in any one 12-month period per incident of IOD, including related incidents of IOD, as hours worked. 2. Provisions in this item (B. FLSA Overtime) are designed to implement the mandatory provisions of the Fair Labor Standards Act. If, through legislative or judicial determination, it is held that the FLSA is not applicable to the City, overtime eligibility and pay shall be determined solely by the provisions in itemitem A.