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3.3. SR 08-11-2008Elk REQUEST FOR ACTION ...... River To Item Number Ci Council 3.3. Agenda Section Meeting Date Prepared by Consent August 11, 2008 Lauren Wipper, Human Resource Re resentative Item Description Reviewed by Public Works and Parks Compensatory Time Pay-out Date Change Reviewed by Action Requested Approve changing the date for the pay out of compensatory time for street, equipment services, and parks division employees to December 31 of each year. Background/Discussion Previously, all non-exempt employees who had a compensatory time bank of more than 40 hours were paid those excess hours at the end of each calendar year. In 2006, the then Street and Parks Department requested to have their twelve-month year for the carry over of compensatory time changed from the calendar year to November 1 to October 31. Following City Council discussion, it was decided to approve the change but to make the pay-out at the end of the quarter -September 30. Street division employees have requested to change the compensatory time twelve-month period back to the calendar year. Public Works Director Terry Maurer is in agreement as this will maintain consistency among all of the Public Works divisions. I would like to request this change be made for all of the then Street and Parks Department employees which includes the current Street, Equipment Services and Parks divisions. This will make the pay-out of compensatory time policy consistent for all of the City's employees. Financial Impact None. Attachments • Memo from Terry Maurer • Non-Exempt Compensatory Time Policy Action Motion by Second by Vote Follow Up ver MEMORANDUM TO: Lauren Wipper, Human Resources Representative FROM: Terry Maurer, Public Works Director DATE: July 29, 2008 SUBJECT: Compensatory Time Payout Date for the Street and Park Maintenance Divisions As we discussed previously, I would like to request that the compensatory time payout date for the Street Division be changed to the end of the year, to be similar to all other divisions within the Public Works Department. For some reason, the payout time for the Street Division had previously been changed to the end of the third quarter. I believe it would make sense to have all divisions within the Public Works Department operating on the same policy. I have discussed this with the staff of the Street Division, and found consensus among the employees that they would like to see the date changed back to the end of the year. I have also discussed this issue with Rodney Schreifels. He would like the same change made for the Park Maintenance Division for similar reasons. Please let me know if there is any other information we need to provide in order to have this request moved forward to the City Council. cc: Lori Johnson, City Administrator Rodney Schreifels S:\PLJBLIC WORKS\Streets Division\2008 other memos\07 29 08 Comp T"une.doc Timesheets must be received by the Payroll Clerk by 10:00 a.m. on Monday of payroll week for payment on Friday. Timesheets submitted after the deadline will not be paid until the following payroll week. 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 5 employee may carry over more than forty (40) hours of compensatory time in a bank from one calendar year to the next. ~°°+ ~r~' D.,..', " ~ter~~e~B~~ern$le~ees~ill ~~ e~i°~'~OEtek~~-te--Sep~~~er ~n °~ *'~° „~~~ 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 are exempt from the overtime requirements of the Fair Labor Standards Act and are 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. REPORT OF PERSONNEL CHANGES The City attempts to maintain complete and accurate personnel information on its employees. The City complies with laws regarding data privacy. It is important that your permanent personnel records are kept accurate and up-to-date. You must immediately notify the payroll department when there is a change in any of the following: • Name (through marriage or otherwise) • Address • Marital status • Beneficiaries for life insurance and retirement • Telephone number • Person to contact in case of emergency • Other changes which may affect benefits coverage It is each employee's responsibility to notify the payroll department of changes. 6