5.4. SR 03-14-2011Item # 5_4.
MEMORANDUM
TO: City Council
FROM: Lori Johnson, City Administrator
DATE: March 14, 201 I
SUBJECT: Compensatory Time Policy
The Council requested that the City's compensatory time policy be reviewed at the work
session. The City's compensatory time policy applies to all employees who are eligible fox
overtime under the Fair Labor Standards Act (ELBA). Generally, hourly employees (non-
exempt) are eligible for overtime and compensatory time while salaried (exempt) employees
are not eligible. The City follows the FLSA in the application of overtime and
compensatory time for all employees.
As you are aware, due to reduced budgets, overtime was eliminated entirely stazting in 2009
except for public safety response overtime. Beginning in 2011 overtime was reinstated fox
snow plow route drivers as provided for in the budget. All other non-exempt employees
continue to be required to take their overtime as compensatory time off in lieu of being paid.
Attached is a copy of the section of the City's Personnel Policy Manual relating to
compensatory time. Staff will be prepared to answer questions and provide additional detail
at the meeting.
hoq>://sp-elAr/shrdoc/Templates/Memo !'ormat foc All Boarde.doc
Excerpt from City of Elk River Personnel Policy Manual
OVERTIME AND COMPENSATORY TIME FOR NON-EXEMPT EMPLOYEES
All employees, in all departments, may be required to work overtime as requested by
their supervisor. Refusal to work overtime when requested may result in disciplinary
action. Supervisors will make reasonable efforts to balance the personal needs of their
employees when assigning overtime work.
All overtime must be authorized in advance by the employee's supervisor. An employee
who works overtime without prior approval may be subject to disciplinary action.
The City complies with applicable state and federal laws governing accrual and use of
overtime. Only employees to whom the overtime provisions of the State and/or Federal
Fair Labor Standards Act apply are required to be compensated for overtime work. The
City Administrator and Human Resource Representative will determine whether each
employee is "exempt" or "non-exempt" in accordance with federal law.
Overtime eligible (non-exempt) employees will be compensated at the rate of one and
one-half times their base hourly rate for hours worked over 40 in one workweek.
However, non-exempt employees employed in fire protection activities or law
enforcement activities may be paid overtime based on the 7(k) exemption as defined by
the Fair Labor Standards Act (29 U.S.C. § 207(k)).
Vacation, sick, compensatory, and bereavement leave hours taken during the workweek
do not count toward "hours worked" for purposes of overtime. Holiday time off pursuant
to the Holidays policy below generally will count toward "hours worked" for non-exempt
employees. Emergency call out hours, as determined by the department head, and
weekend rotation hours will be compensated as overtime hours and will be paid at time
and one half.
Overtime compensation will be paid for overtime hours, unless the employee and
department head mutually agree in advance of performance of the work that the overtime
will be banked as compensatory time in lieu of receipt of overtime compensation.
Employees may request and use compensatory time off in the same manner as other leave
requests. Non-exempt employees who have requested the use of accrued compensatory
time will be permitted to use the compensatory time within a reasonable period after
making the request, if the use of the compensatory time does not unduly disrupt the
operations of the City. All compensatory time must be marked as such on official
timesheets, both when it is earned and when it is taken. Overtime hours not specified as
compensatory time will be paid with overtime compensation. The Finance Department
maintains compensatory time records.
An employee whose activities include public safety, emergency response or seasonal
work may accumulate up to 480 hours of unused compensatory time in a "bank." All
other employees may accumulate up to 240 hours of unused compensatory time in a
"bank." In any event, no employee may carry over more than forty (40) hours of
compensatory time in a bank from one calendar year to the next. Street and Equipment
N:\PubGc Rodics\City Council\Lori\7At1\Compcnsa[ory'1'imedocs
Services employees will track compensatory time based on a November 1 to October 31
yeaz. No more than 40 hours may be carried from October 31 to November 1. Any non-
exempt employee who has accumulated more hours of compensatory time than he or she
is permitted to bank will be paid overtime compensation for all overtime hours of work in
excess of the amount permitted to be banked. Upon termination of employment, non-
exempt employees will be paid for all accrued but unused compensatory time.
Overtime pay for holidays is paid based on the provisions found in the HOLIDAYS
section of this manual.
TIME OFF FOR EXEMPT EMPLOYEES
Exempt employees aze exempt from the overtime requirements of the Fair Labor
Standards Act and aze expected to work whatever hours are necessary in order to meet
the performance expectations outlined by their supervisors, the City Administrator, and
the City Council. Generally, to meet these expectations, an exempt employee is often
required and expected to work in excess of forty (40) hours per week. Exempt employees
do not receive extra pay for the hours worked over 40 in one work week. For reasons of
accountability, exempt employees track all hours worked, including the hours worked in
excess of 40 hours per week. For those additional hours worked, no more than eight
hours of this banked time may be used in a one week period. No more than 80 hours of
accrued banked time may be carried over beyond December 31 of each year. The time
off for extra hours will not be on aone-for-one basis. Under no circumstance will
accrued banked time be paid to exempt employees.
N:\Public Bodies\City Council\Lod\2011 \Compensatory Time.docx
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November 2010
Sunday Monday Tuesday Wednesday Thursday
Friday Saturday
1 2 3 4 5 6
7 8 9 10 11 12 13 Plowing s~-
Holiday 7:30 AM
Prep for Snow 13 Employees
14 Plowing 15 Hauling 16 17 18 19 20
6:00 AM
11 Employees S Employees
21 Ice 22 Ice 23 ~:oo AM 24 Plowing 25 Plowing 26 27
2:00 AM Calibrate Salt 2:00 AM Holiday 2:00 AM Holiday
9 Employees 9 Employees Equipment 12 Employees 14 Employees
28 29 Hauling 30 Plowing
4:00 AM
6 Employees 14 Employees
December 2010
Sunday Monday Tuesday Wednesday Thursday
Friday Saturday
1 Plowing 2 3 4 Plowing
5:00 AM 4:00 AM
10 Employees Brine Streets 14 Employees
5 6 Hauling 7 Hauling 8 9 10 11 Plowing 8"
Midnight 6:00 AM
12 Employees 7 Employees Brine Streets 15 Employees
12 Plowing 5" 13 Hauling 14 Mauling 15 Hauling 16 Hauling 17 18
3:00 AM Midnight Midnight Widen Streets
14 Employees 12 Employees I2 Employees 7 Employees 6 Employees
5 Employees
19 20 21 Plowing 4" 22 Plow slush 23 Haul/Plow 24 Plow 4" 25
3:00 AM Holiday
13 Employees 6 Employees PM Slush 3:00 AM
5 Employees 9 Employees
26 27 28 29 30 Rain ~"+ 31 Ice
Midnight 4:00 AM (2-4 hrs)
Brine Streets Open Basins/Ice
6 Employees 12 Employees
January 2011
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 Ice/Sleet
5:00 AM (4 hrs)
8 Employees
Z, 3 Ice 4 Haul 5 Haui 6 Haul 7 Plow 2" S
5 Employees 4 Employees 4 Employees 5 Employees 7 Employees
9 10 11 Plow 3" 12 Haui 13i Haul/plow 14 Plow/Haul 15 Plow 3"
4:00 AM 4:00 AM 3:00 AM
13 Employees 7 Employees Plow PM 2" 3 Employees 12 Employees
11 Employees 9:00 PM Haul
16 17 snow/Ice 18 PIOW 19 Ha~~l i ntc ~~ Haul ~ ntc 21 Na~,1 1 nts 22
8:00 AM Priorities ~
7 Employees 4 Employees 4 Employees S Employees
4 Employees
23 7i4 Haui streets 25 Haul Streets Z~ Haul Streets 2~ lce/snow 28 Z9
3 hr. Test 6:00 AM
7 Employees 8 Employees 8 Employees Salt
6 Employees
30 31 Plow a"
5:00 AM
12 Employees
February 2011
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 Plow 2 Plow 3 Haul 4 Haul 5
Widening Streets
9 Employees 8 Employees 8 Employees
6 Employees
6 7 Ice $ Haul 9 10 11 12
5:00 AM Cul-de-sacs
7 Employees
5 Employees
13 14 15 16 17 18 19
20 Plow 10-1z" 21 Plow 22 Plow 23 Haul 24 Haut 25 26 Plow
8:00 PM 3:00 AM 2:00 AM 1:00 PM
8 Employees Lots & Cul-de-sacs 13 Employees 6 Employees 9 Employees Priority Routes
Holiday 3 Employees
13 Employees
27 28 Ice
5 Employees
March 2011
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 Haul 2 Haul 3 4 5
Lots & Cul-de-sacs Streets
5 Employees
7 Employees
6 7 Plow 4" 8 9 10 11 12 Dr fling
3:00 A M
7:30
11 Employees 8 Employees
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 2$ 29 30 31