§ 4-1-41. Work hours; workweek.

(a)

Exempt and nonexempt employees. Executive, professional, administrative and seasonal employees as determined by the county manager under provisions of the Federal Labor Standards Act are exempt from the provisions of the act and this article relating to overtime. All other full-time personnel to which this article is applicable shall be classified as nonexempt.

(b)

Forty-hour workweek. Certain full-time, nonexempt employees shall be paid on the basis of a 40-hour workweek. No employee shall be paid for overtime work unless he shall work in excess of 40 hours of actual work time in one given week. For purposes of overtime compensation and for all other purposes, an employee's regular hourly rate of pay shall be computed on the basis of 40 hours per week. Overtime for these employees shall be computed at one and one-half times the straight time hourly rate for all actual hours worked over 40.

(c)

Lesser workweek. Certain full-time, nonexempt employees may be paid on the basis of a 37½-hour workweek. The departments or divisions allowed to work such a workweek shall be designated by the county council. Employees of these departments shall work a fluctuating workweek as provided for by the Federal Labor Standards Act, with overtime paid on a fluctuating workweek basis.

(d)

Standard workday. For all employees whose actual workweek, as authorized in subsection (c) of this section, is 37½ hours, the workday shall begin at 8:30 a.m. and end at 5:00 p.m. These employees shall be allowed one hour each day for lunch break, which shall not be counted as time worked. In addition, they shall be allowed a 15-minute morning break-time and a 15-minute afternoon break-time each day. Exceptions to these schedules may be made by department heads with the approval of the county council or its designee.

(e)

Hours for public safety personnel. Public safety personnel, with the exception of dispatchers, who shall be paid on a seven-day workweek, shall be paid on the basis of a 28-day fluctuating work cycle. The sheriff shall specify the regular hours for such nonexempt employees under his jurisdiction. The EMS director shall specify regular hours for each nonexempt employee under his jurisdiction. No overtime shall be paid to any public safety employee unless such employee shall work in excess of the schedule of hours as provided by the Fair Labor Standards Act for fire or police personnel as it respectively applies in a 28-day schedule. Such overtime will then be paid on a fluctuating basis. This schedule of hours shall be revised as required by the federal labor standards provisions.

(f)

Hours for part-time employees. Part-time employees shall be scheduled to work at the discretion of the department head, provided that such employee shall be supervised at all times.

(g)

Attendance record. All nonexempt employees shall, as a condition of their payment, complete, with the approval of their department head, a biweekly time and attendance record. Such record shall correspond to actual time worked and be forwarded to the personnel director as required in section 4-1-24.

(h)

Beginning and end of workweek. The workweek for all employees shall begin at midnight Saturday morning and shall end at midnight Friday night; provided, however, the workweek for emergency communications shift personnel shall begin and end on such schedule as shall be determined by the county manager.

(i)

Compensation for emergency medical service employees. Notwithstanding any other provision of law, and beginning with the first pay period of November 1995, emergency medical service (EMS) employees shall be paid on a fixed hourly rate, with an additional overtime premium of one and one-half times the regular rate for all hours worked in excess of 40 per week. Effective with such pay period, the county's EMS employees no longer will be compensated pursuant to the partial overtime exemption for law enforcement and firefighting personnel, and will not be paid pursuant to the fluctuating workweek method of compensation. Each affected employee shall be advised in writing of this modification in the method of their compensation.

(Code 1980, § 4-1-41; Ord. No. 10-85, § 1, 7-16-85; Ord. No. 8-93, § I, 7-27-93; Ord. No. 14-95, § I, 10-3-95)