Common use of Overtime Eligibility and Pay Clause in Contracts

Overtime Eligibility and Pay. (A) It shall be the policy of the City to avoid overtime work except when absolutely necessary. Only the appointing authority may authorize overtime work when such overtime work is necessary to prevent loss of life, damage or property and for continuance of essential public services. (B) Employees who are working a twenty-one (21) day work period, (the average fifty- three (53) hour work week), under the three (3) platoon system, shall be compensated at straight time for duty hours up to and including one-hundred fifty- nine (159). All hours in excess of one hundred fifty-nine (159) shall be compensated at the rate of time and one-half. (C) With regard to designated 40 hour employees all hours worked in addition to those scheduled to be worked during a workday or work week shall be computed upon a forty (40) hour work week basis, at the overtime rate of case and one-half (1-1/2) times the straight time rate of pay, as stated by Section 1 of Article 15 of this Agreement, except as otherwise specifically provided. The overtime computation rate shall be applied to all hours in paid status. Overtime pay shall be included in the compensation paid in the next pay period after being reported to the Auditor’s Office. (D) A fifty-three (53) hour employee who works on a day celebrated as a holiday, as stated by Section 1 of Article 19 of this Agreement, shall in addition to his or her regular holiday pay, be compensated at the rate of time and one-half for the first twenty-four (24) hours worked or portion thereof, and for time worked in excess of twenty-four (24) hours he or she shall be compensated at the rate of two and one- half times his or her hourly rate. (1) A fifty-three (53) hour employee who is called to duty on a holiday, as stated by Section 1 of Article 19 of this Agreement which is also the employee’s day off, in addition to his or her regular holiday pay, he or she shall be compensated at the rate of double time for the first twenty-four (24) hours or portion thereof; and for time worked in excess of twenty-four (24) hours he or she shall be compensated at the rate of double time and one-half. (E) When an employee, who is within a designated group of forty (40) hour employees works on a day celebrated as a holiday, as stated by Section 1 of Article 19 of this Agreement, he or she shall be compensated at the rate of time and one-half for the first eight (8) hours worked or portion thereof, and for the time period in excess of eight (8) hours he or she shall be compensated at the rate of two and one-half times his hourly rate. (1) When an employee, who is within a designated group of forty (40) hour employees is called to duty on a holiday, as stated by Section 1 of Article 19 of this Agreement, which is also the employee’s day off, in addition to his or her holiday pay, he or she shall be compensated at the rate of double time for the first eight (8) hours or portion thereof; and for time worked in excess of eight (8) hours he or she shall be compensated at the rate of double time and one-half. (F) In the Division of fire, when a Firefighter assumes the responsibility of Lieutenant or Captain duties for two (2) or more hours, he shall be paid at the Lieutenant’s rate of pay for that period of time he performed such duties. Likewise, a Lieutenant that assumes the responsibility of Captain or Shift Commander for two (2) or more hours, shall be paid at the Captains rate of pay for that period of time such duties were performed. (G) Payment in cash shall be made for any overtime or holiday work time, due at the time of separation from City service through discharge, resignation, retirement or layoff. (H) When an employee becomes deceased while in paid status any unpaid overtime or holiday work time, compensatory time and vacation leave as provided in Section 13 to his or her credit, shall be paid to the surviving spouse or to the estate of the deceased, as expressly designated by the employee in advance. (I) That when an employee is ordered by the appointing authority to report for work, and he or she so reports, then in that event, he or she shall be paid or credited with a minimum of three (3) hours at the appropriate rate of pay, in the event no work is available or less than three (3) hours of work is available.

Overtime Eligibility and Pay. (A) Overtime will be handled on a position-for-position (rank-for-rank) basis for all call-backs occurring between 2000 and 0800 hours. That is, if the Division is required to call back any employee by reason of insufficient on-duty staffing holding promoted rank(s), a person(s) holding that rank shall be called back. Employees whose (B) Employees working an average forty (40) hour week shall be compensated at a rate of time and one-half for all hours worked in excess of eight (8) in any day when working a five (5) day, eight (8) hour per day workweek; or in excess of forty (40) hours in any workweek. Employees working a five (5) day eight (8) hour per day workweek who have worked not less than eight (8) hours each day on six (6) consecutive calendar days shall be compensated at their appropriate double time rate for time worked on the seventh consecutive calendar day. Time worked on a seventh day, in cases of employees working a five (5) day and eight (8) hour per day workweek, due to work schedules being changed at the request of the employee or trading days off by mutual consent of employees, or time worked as a result of changing shifts where there is a continuous twenty-four (24) hours per day operation and/or a continuous seven (7) day per week operation, is not subject to premium overtime rates. (C) When an employee working an average forty (40) hour workweek works a day celebrated as an eight (8) hour holiday, in addition to his regular eight (8) hour holiday pay, he shall be paid at the straight time rate for the first eight (8) hours worked; and for time worked in excess of eight (8) hours on such holiday, his full rate of compensation shall be at the rate of time and one-half. When the employee works on a day celebrated as a four (4) hour holiday in addition to his regular four (4) hour holiday pay, he shall be paid at the straight time rate for the first eight (8) hours on such holiday, his full rate of compensation shall be at the rate of time and one-half. (D) Employees working under the three (3) platoon system shall be compensated at straight time for all hours worked, except that hours worked in excess of a twenty-four (24) hour workday shall be compensated for at the rate of time and one-half. At the discretion of the Appointing Authority, overtime worked may be compensated by payment or compensatory time off. Payment shall be made for (E) It shall be the policy of the City to avoid overtime work except when absolutely necessary. Only the appointing authority may authorize The City shall not compensate for any overtime work when in any form or manner except on the advance authorization of the Appointing Authority, except in an emergency in which case such authorization may be granted subsequently, and unless the employee submits the overtime work for payment within fourteen (14) calendar days after the overtime is necessary to prevent loss of life, damage or property and for continuance of essential public servicesworked. (BF) Employees who are working a twenty-one (21) day work periodCompensatory time off may be granted to eligible employees in lieu of salary or wages for authorized overtime worked, (the average fifty- three (53) hour work week), under the three (3) platoon system, shall be compensated at straight time for duty hours up to and including one-hundred fifty- nine (159). All hours in excess of one hundred fifty-nine (159) shall be compensated at the rate of time and one-half. (C) With regard to designated 40 hour employees all hours worked in addition to those scheduled to be worked during a workday or work week shall be computed upon a forty (40) hour work week basis, at the overtime rate of case and one-half (1-1/2) times the straight time rate of pay, as stated by Section 1 of Article 15 of this Agreement, except as otherwise specifically provided. The overtime computation rate shall be applied to all hours in paid status. Overtime pay shall be included in the compensation paid in the next pay period after being reported to the Auditor’s Office. (D) A fifty-three (53) hour employee who works on a day celebrated as a holiday, as stated by Section 1 of Article 19 of this Agreement, shall in addition to his or her regular holiday pay, be compensated at the rate of time and one-half for the first twenty-four (24) hours worked or portion thereof, and for time worked in excess of twenty-four (24) hours he or she shall be compensated at the rate of two and one- half times his or her hourly rate. (1) A fifty-three (53) hour employee who is called to duty on a holiday, as stated by Section 1 of Article 19 of this Agreement which is also the employee’s day off, in addition to his or her regular holiday pay, he or she shall be compensated at the rate of double time for the first twenty-four (24) hours or portion thereof; and for time worked in excess of twenty-four (24) hours he or she shall be compensated at the rate of double time and one-half. (E) When an employee, who is within a designated group of forty (40) hour employees works on a day celebrated as a holiday, as stated by Section 1 only) and such compensatory time off shall equal the number of Article 19 hours required of any such employee to work at his appropriate hourly rate to earn the monetary compensation to which he is otherwise entitled under the provision of this Agreement, he or she shall be compensated at the rate of time and one-half for the first eight (8) hours worked or portion thereof, and for the time period in excess of eight (8) hours he or she shall be compensated at the rate of two and one-half times his hourly rateSection. (1) When an employee, who is within a designated group of forty (40) hour employees is called to duty on a holiday, as stated by Section 1 of Article 19 of this Agreement, which is also the employee’s day off, in addition to his or her holiday pay, he or she shall be compensated at the rate of double time for the first eight (8) hours or portion thereof; and for time worked in excess of eight (8) hours he or she shall be compensated at the rate of double time and one-half. (F) In the Division of fire, when a Firefighter assumes the responsibility of Lieutenant or Captain duties for two (2) or more hours, he shall be paid at the Lieutenant’s rate of pay for that period of time he performed such duties. Likewise, a Lieutenant that assumes the responsibility of Captain or Shift Commander for two (2) or more hours, shall be paid at the Captains rate of pay for that period of time such duties were performed. (G) Payment in cash shall be made for any overtime or holiday work time, due at the time of separation from City service through discharge, resignation, retirement or layoff. (H) When an employee becomes deceased while in paid status any unpaid overtime or holiday work time, compensatory time and vacation leave as provided in Section 13 to his or her credit, shall be paid to the surviving spouse or to the estate of the deceased, as expressly designated by the employee in advance. (I) That when an employee is ordered by the appointing authority to report for work, and he or she so reports, then in that event, he or she shall be paid or credited with a minimum of three (3) hours at the appropriate rate of pay, in the event no work is available or less than three (3) hours of work is available.