HomeMy WebLinkAboutResolution 1143s
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A Resolution
WHEREAS, on December 15, 1981, the City Council of the City of
Fort Worth passed Ordinance No. 8486, which provides for the
establishment regulation and maintenance of a merit system, and
WHEREAS, Section 6 of Ordinance No. 8486 provides that the
Personnel Director shall prepare personnel policies which shall
provide for such rules, practices and procedures as may be necessary
for the effective administration of the City's Merit System, and
WHEREAS, such personnel policies, when approved by the City
Manager, shall be proposed to the City Council, and the Council may,
by resolution, adopt them with or without amendment, and
WHEREAS, the Personnel Director and a Management Review Committee
have prepared proposed revisions to the City's personnel policies
consisting of regulations necessary to bring the City in conformance
with the Fair Labor Standards Act and its Amendments of 1985 signed
into law by the President of the United States on November 13, 1985,
and are available for inspection and on file as a public record in the
Office of the City Secretary;
WHEREAS, such policies have been approved by the City Manager and
proposed by the City Council;
WHEREAS, such revised policies are to be effective April 12,
1986;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH:
That the City Council hereby adopt, ent, these
attached revisions to the "Personnel Rules and Regulations" to
facilitate administration of the City's Merit System, as provided in
Section 6 of Ordinance No. 8486.
Adopted this day of 1985.
APPROVED BY
TY OUNCI
GIT4R8
City aecretaty, of the
Ci+.. of Fort 3A1 ,
0
CITY OF FORT WORTS
C,IT?Y OF FORT WORTH PERSONNEL REGULATIONS SECTION C
SUBJECT Overtime Pay/Compensatory Time REVISION NO 3.3 3 (NOTE) NUMBER 4
for Municipal Employees EFFECTIVE DATE PAGE 1 OF 5
DATE APPROVED BY CITY COUNCIL APPROVED BY CITY MANAGER
1.0 Purpose
The purpose of this regulation is to provide a uniform policy governing overtime
Lim work and compensation rates for all City employees.
2.0 Departments Affected-
All departments.
3.0 Policy
3 1 Departmental administrators shall be responsible for constantly reviewing
staffing levels, work loads, and vacation schedules so as to minimize the
need for overtime work. Overtime shall be avoided whenever possible, but when
necessary and approved by the appropriate Department Head, shall be allocated
as evenly as possible among all employees qualified to do the work.
3 1.1 Supervisors must approve overtime/compensatory time in advance on
either Forms 14-006 A or B or on an approved departmental form
These forms must be maintained in the Departments for review by
Auditors or other approved individuals.
3.2 Overtime lists shall be maintained by classification to insure that overtime
work is distributed as evenly as possible. If the department uses both
compensatory time and paid overtime, separate lists should be maintained to
insure employees are treated fairly.
3 3 To insure uniformity and equity in compensating employees for overtime work,
class eligibility is as follows
3 3 1 Employees occupying positions in key code classes J, K, M, N, P, W,
X, Y shall be eligible for overtime pay or compensatory time
3.3 2 Employees occupying positions in key classes A, B, C, D, E, F, G,
will be eligible for compensatory time.
_3_ 3 Under emergency conditions certain classes in key code A may be
/ compensated for overtime work upon approval by the Personnel
Director. Request for approval must be in writing stating the
reason for the request. Firefighters will be paid premium overtime
pay when called in for emergency fire suppression activities or
fire arson investigative activities. Police Officers called back
for emergency situations, e.g. civil disturbances, etc. will be
paid premium overtime pay when called in or back to work.
3 4 The following actions are a result of implementation of FLSA regulations and
will be a one-time occurrence.
a. All non-exempt general employees who, prior to April 15, 1986, have over
120 hours of unused compensatory time will have such time transferred to
their Major Medical leave balance.
b. All non-exempt Civil Service employees who, prior to April 15, 1986, have
over 120 hours of unused compensatory time will have such time
transferred to their Sick Leave balance
&*r y OF FORT WORTH PERSONNEL REGULATIONS
SECTION C
SUBJECT Overtime Pay/Compensatory Time REVISION NO NUMBER 4
for Municipal Employees EFFECTIVE DATE PAGE 2 OF 5
DATE APPROVED BY CITY COUNCIL APPROVED BY CITY MANAGER
C. All non-exempt Crash Security employees who, prior to April 15, 1986,
have over 120 hours of unused compensatory time will have such time
' transferred to their Major Medical Sick Leave balance
d. All exempt employees who, prior to January 1, 1987 have over 120 hours of
unused compensatory time will have such time transferred to their Major
Medical Leave or Sick Leave.
4.0 Procedures/Rules
4.1 The following terms are applicable to this regulation-
4.1.1 "Overtime work" or hours compensated at the overtime rate shall be
defined as the hours actually worked in excess of 40 hours in a
workweek Excluded from this section are Police and Fire Officers
who are called back for required court attendance.urt time
worked under these circumstances will be at 1 1/2 x rate.
Overtime pay for Fire Civil Service employees and Crash/Security
employees in the Aviation Department will be controlled by their
normal work schedule. Hours worked in excess of their normal work
schedule will be eligible for overtime pay. (Reference C 34 and
C•35 respectively).
4.1.2 "Inactive hours" shall be those hours of a workday during which an
employee has been released from work because, in the judgment of
his supervisor, it is not possible for the employee to perform his
regular work or other related duties. "Inactive hours" shall be
recorded when an employee reports to work on a regularly scheduled
workday, and, due to equipment breakdown, inclement weather, or
other sufficient reason as determined by the supervisor, is re-
leased from further work for the day. The regularly scheduled work
hours after the employee has been released from work shall be
recorded as "inactive hours," but the hours during which the
employee is detained pending determination of whether or ndt it
will be possible to work shall be charged as "hours worked."
Accurate records of "inactive hours" shall be maintained by all
departments.
4 1.3 All regular employees shall be guaranteed pay for a full 80-hour
pay period, except for absence that is classified as "absent
without pay." If an employee does not actually work 80 hours in a
pay period because of "inactive hours" as defined herein, he shall
nevertheless receive 80 hours pay, but shall, if the necessity
exists, work an amount of time equal to the "inactive hours" before
receiving more than 80 hours pay. "Inactive hours" shall be made up
if the occasion demands during the week in which they occur. If no
necessity exists for making up "inactive hours" within the week in
which they occur, no further requirements for making up these hours
shall be made.
4 1.4 A "workweek" is a regularly recurring period of 168 hours in the
form of seven consecutive 24-hour periods.
CITY OF FORT WORTH PERSONNEL REGULATIONS
SUBJECT overtime Pay/Compensatory Time REVISION NO. 1
for Municipal Employees EFFECTIVE DATE
DATE APPROVED BY CITY COUNCIL APPROVED BY CITY MANAGER
SECTION C
NUMBER 4
PAGE 30F 5
4 1.5 A "pay period" is a regularly recurring period of 336 hours in the
form of 14 consecutive 24-hour periods.
4.1.6 "Hours worked" includes all the time an employee is required to be
on duty or on the employer's premises or at a prescribed work-
place, and all time during which he is required to work for the
employer. Holiday time-off is also considered as "hours worked."
4.1.7 "Regular Employee" refers to employees who are required to join the
Retirement Fund.
4 1.8 "Executive, Administrative and Professional employees" are defined
as those functioning in the performance of executive, administra-
tive and/or professional duties Employees in these categories are
normally found in key codes A, B, C, D, E, F and G.
4.2 Holiday and Personal Holiday time-off will count as actual hours worked
toward fulfilling the required time worked for overtime pay situations.
However, any leave time taken or time-off-without-pay does not count as time
actually worked.
4 3 Authorized overtime work for non-exempt employees in excess of 40 hours
worked in a workweek shall be compensated at the rate of 1-1/2 times the
hours worked Compensation may be either in the form of pay or compensatory
time accrued.
4.3.1 Department Heads will have the option of selecting which type of
compensation (pay or compensatory time off) will be given for
overtime work.
4 3.2 General and Civil Service non-exempt classes may not accrue an
unused balance of more than 120 hours (80 hours overtime at 1 1/2
rate) compensatory time. The employee who has an unused balance of
120 hours compensatory time shall be paid overtime pay for all
additional overtime hours worked until the unused balance falls
below 120 hours.
4.3.3 General and Civil Service exempt classes may not accrue an unused
balance of more than 120 hours (120 hours overtime at straight time
rate) compensatory time.
4.3 4 Any non-exempt employee who has unused compensatory time earned
after April 15, 1986, shall, upon termination of employment, be
paid for the unused compensatory time at a rate of pay not less
than
a) the average rate received by the employee during the last 3
years of employee's employment, or
b) the final regular rate received by the employee,
whichever is higher.
Cf1-Y OF FORT WORTH PERSONNEL REGULATIONS SECTION C
SUBJECT Overtime Pay/ Compensatory Time REVISION NO NUMBER 4
for Municipal Employees EFFECTIVE DATE PAGE 4 OF 5
DATE APPROVED BY CITY COUNCIL APPROVED BY CITY MANAGER
71 - 4.3 5 Accumulated
compensated
reason for compensatory time, for exempt
at termination as terminal
termination. employees, shall not
leave, regardless of be
the
4.3 6 If an employee uses leave time during a pay period and also works
overtime, only those hours actually worked in excess of 40 hours
worked will be compensated at the 1-1/2 overtime rate (either pay
or compensatory time) If the hours worked are less than 40 hours,
the extra hours will be at straight time rates.
Examples
1. S S M T W T F S S M T W T F Total
8 8 8 8 8 8 S8 8 8 8 80
STOT 6 6
OR
8 8 8 S8 8 E6 8 8 8 8 8 80
In the above example the employee was off sick for 8 hours and only
worked 6 hours extra Since he has not worked 40 hours during the
first workweek all hours are at straight time.
2. 8 8 8 8 8 8 8 8 8 S8 80
STOT 8 8
• OT 2 2
OR
8 8 8 S8 8 8 8 8 8 8 80
STOT 8 8
C OMP E3
In the above example the employee was off sick for 8 hours and
worked 10 hours extra. Therefore he would be paid for 88 hours
straight time and either 2 hours overtime or earn 3 hours
compensatory time (2 hours X 1-1/2 rate).
4.4 Straight time shall be paid for all "inactive hours" and for hours of actual
work except for the following-
a. Hours worked in excess of 40 hours worked for any workweek.
b. Hours worked during a regularly scheduled holiday
c. Hours worked on an emergency callback basis.
4 5 Hours charged to Personal, Vacation, Sick, Family, injury or Military leave
and Compensatory time used or jury duty will not be considered as hours of
actual work for overtime purposes. Only holiday time off will be considered
as time worked in all City departments. lvJertime worked immediately prior to
being injured on the job will be paid 1 V/2'x regular rat
U
CITY OF FORT WORTH PERSONNEL REGULATIONS
SUBJECT Overtime Pay/Compensatory Time REVISION NO.
for Municipal tm
DATE APPROVED BY CITY COUNCIL
EFFECTIVE DATE
APPROVED BY CITY MANAGER
SECTION C
NUMBER 4
PAGE 5 OF
S
4 6 Executive, Administrative, Professional, and Supervisory Exemptions Bonafide
executive, administrative, and professional employees are exempt from
overtime pay. Overtime pay shall not be earned by executive, administrative,
professional and supervisory positions not included on the list of employee
positions approved for overtime pay, except when special exceptions are
requested through the Personnel Director
4.6.1 Department Heads may grant time off for these employees not to
exceed the amount of time worked. No such time off shall be granted
unless accurate records of extra time worked are kept within the
appropriate department. Compensatory time earned and used must be
shown on T & A's and entered in the Integrated Personnel/Payroll
System records.
4.6.2 In no case may an employee earn or use unofficial compensatory time
and be shown on TA's as being present for a normal work day. Any
such entries constitute falsification of public records and is in
violation of City policy and FLSA
4.7 This regulation is impacted by Regulations C 21 through C 35 which address
FLSA regulations. Refer to those regulations to insure proper application of
overtime pay.
5 0 Appendix/Appendices
5.1 Examples of Overtime Entries.
5 2 Forms 14-006 A and B.
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