Alameda County Municipal Code Ch. 3.28 Overtime

"Overtime" or "overtime work" as used herein is defined as all work in excess of the workweek as defined in Section 2.112.050(A-C) of this code and for employees in JC 8533, 8535, and 8536, all work in excess of the defined work period in Section 2.112.050(D). "Premium pay" or "premium rate" as used herein is defined as compensation, whether in cash or time off, at the rate of time and one-half. "Week" as used herein is defined as any consecutive seven-day period commencing at 12:01 a.m. of any Sunday or such other as may be designated by the board of supervisors.

Effective June 5, 2016, for unrepresented non-management related to SEIU employees, vacation, vacation buy, personal leave, sick leave (all types), holiday, and floating holiday leave shall not count towards the accumulation of the workweek when calculating overtime compensation.

Effective two pay periods following adoption of the 2017-2022 ACMEA General Government and Confidential MOU by the board of supervisors, for employees represented by ACMEA General Government and Confidential Units R15, R44, R45, R48, R49, R50, R53 and R61 vacation, vacation buy, personal leave, sick leave (all types), floating holiday leave and paid management leave shall not count towards the accumulation of the workweek when calculating overtime compensation.

Effective March 25, 2018, for unrepresented management employees, vacation, vacation buy, personal leave, sick leave (all types), floating holiday leave and paid management leave shall not count towards the accumulation of the workweek when calculating overtime compensation.

(Prior admin. code § 2-7.01)

(Ord. No. 2016-20, § 1, 4-19-16; Ord. No. 2018-5, § 1, 2-6-18; Ord. No. 2018-11, § 2, 3-13-18; Ord. No. 2018-13, § 3, 4-17-18; Ord. No. 2024-21, § 2, 7-9-24; Ord. No. 2025-14, § 4, 2-25-25)

Overtime work shall be kept to a minimum and shall be used only for emergencies or for the performance of those services where there are no other alternatives to the use of overtime. Overtime work may not be used to provide a level of service above that authorized by the board of supervisors. Whenever feasible and appropriate, department heads shall either adjust work schedules or use intermittent and part-time staff in order to eliminate the need for overtime work. Departmental management is responsible for the control, verification of necessity, and the budgetary means for payment of all overtime.

(Prior admin. code § 2-7.02)

No employee shall work overtime unless written authorization has been given by the department head or their authorized representative and the overtime work has been entered in departmental records. Records of overtime worked and the written authorization shall be retained in the department for purposes of auditing for a period of three years from the date such overtime is performed.

(Prior admin. code § 2-7.03)

(Ord. No. 2019-46, § 1, 10-15-19)

Employees shall be compensated for overtime worked at the straight time rate either in cash or compensating time off or a combination thereof at the option of the department head, unless such employees have been designated for premium overtime by resolution by the board of supervisors or a memorandum of understanding adopted by ordinance by the board of supervisors in which event such overtime shall be compensated at the premium rate. Notwithstanding the foregoing, in those cases in which an employee working in the social services agency and the director of social services agree to a fixed flexible biweekly work schedule under which an employee who normally would be subject to a 37.5 hour workweek is scheduled to work 32.5 hours in one week and 42.5 hours in the other week of a biweekly pay period or in the case of an employee who would normally be subject to a forty (40) hour workweek is scheduled to work thirty-five (35) hours in one week and forty-five (45) hours in the other week of a biweekly pay period, the employee if otherwise eligible for overtime compensation shall be entitled to such compensation only for the time worked in excess of the scheduled workweek of 32. 5/35 hours or 42. 5/45 hours. Social services agency employees who are subject to the foregoing flexible work schedules shall not be entitled to more than 7.⅝ hours off with pay on paid holidays and shall be required to makeup during the pay period in which a holiday falls the difference between 7.⅝ hours and the length of the workday in which the employee would have been scheduled to work had the holiday been a normal workday on the flexible schedule. Said employee shall not be entitled to overtime compensation if he/she is approved to work the holiday makeup hours, rather than take vacation or compensatory time. Notwithstanding the foregoing, in those cases in which an employee working in the data processing department and the director of data processing agree to a fixed flexible biweekly work schedule under which an employee who normally would be subject to a 37.5 hour workweek, is scheduled to work 33.33 hours in one week and 41.67 hours in the other week of a biweekly pay period or, in the case of an employee who would normally be subject to a forty (40) hour workweek is scheduled to work thirty-five (35) hours in one week and forty-five (45) hours in the other week of a biweekly pay period, the employee, if otherwise eligible for overtime compensation, shall be entitled to such compensation only for the time worked in excess of the scheduled workweek of 33. 33/35 hours or 41. 67/45 hours. Data processing department employees who are subject to the foregoing flexible work schedules shall not be entitled to more than 7.⅝ hours off with pay on paid holidays and shall be required to makeup during the pay period in which the holiday falls the difference between 7.⅝ hours and the length of the workday which the employee would have been scheduled to work had the holiday been a normal workday on the flexible schedule. Said employees shall not be entitled to overtime compensation for working said holiday makeup hours. The director of data processing shall, on his/her discretion, determine which, if any, classification and positions shall be eligible for the flexible biweekly work schedule and retains the right, upon appropriate notice to any applicable recognized employee organization and after meeting and conferring if requested by said organization, to make changes in the classification and positions eligible for such flexible schedule or to eliminate the program in its entirety. Notwithstanding the foregoing, in those cases in which an employee working in the probation department and the chief probation officer agree to a fixed flexible biweekly work schedule under which an employee who normally would be subject to a 37.5 hour workweek is scheduled to work forty (40) hours in one week and thirty-five (35) hours in the other week of a biweekly pay period, or in the case of an employee who normally would be subject to a forty (40) hour workweek is scheduled to work forty-four (44) hours in one week and thirty-six (36) hours in the other week, of a biweekly pay period, or forty-five (45) hours in one week and thirty-five (35) hours in the other week of a biweekly pay period, the employee, if otherwise eligible for overtime compensation, shall be entitled to such compensation only for the time worked in excess of the scheduled workweek of 44/45 hours or 36/35 hours. Probation department employees who are subject to the foregoing flexible work schedules shall not be eligible to more than 7.⅝ hours off with pay on paid holidays and shall be required to makeup during the workweek in which the holiday falls the difference between 7.⅝ hours and the normal workday on the flexible schedule. Said employees shall not be entitled to overtime compensation for working said holiday makeup hours. The chief probation officer shall, in his/her discretion determine which, if any, classifications and positions, shall be eligible for the flexible biweekly work schedule and retains the right, upon appropriate notice to union and after meeting and conferring if requested by union, to make changes in the classifications and positions eligible for such flexible schedule or to eliminate the program in its entirety.

(Prior admin. code § 2-7.04)

There shall be no overtime payment unless the employee has actually worked at least some portion of time during said workweek. For example, an employee on paid leave only during an entire workweek is not entitled to any overtime compensation.

Effective June 5, 2016, for unrepresented non-management related to SEIU employees, there shall be no overtime payment unless the employee has actually worked over thirty-seven and one-half (37.5) or forty (40.0) hours during said workweek. For the purposes of this overtime payment, compensatory time off is considered time "actually worked."

Effective two pay periods following adoption of the 2017-2022 ACMEA General Government and Confidential MOU by the Board of Supervisors, for employees represented by ACMEA General Government and Confidential Units R15, R44, R45, R48, R49, R50, R53 and R61 there shall be no overtime payment unless the employee has actually worked over 37.5 or 40.0 hours during said workweek. For the purposes of this overtime payment, holiday leave and compensatory time off will be considered time "actually worked."

Effective March 25, 2018, for unrepresented management employees, there shall be no overtime payment unless the employee has actually worked over that employee's regular full time weekly hours of 37.5 or 40.0 hours during said workweek. For the purposes of this overtime payment, holiday leave and compensatory time off will be considered time "actually worked."

(Prior admin. code § 2-7.041)

(Ord. No. 2016-20, § 1, 4-19-16; Ord. No. 2018-5, § 1, 2-6-18; Ord. No. 2018-11, § 2, 3-13-18; Ord. No. 2018-13, § 3, 4-17-18; Ord. No. 2025-14, § 4, 2-25-25)

An employee to be compensated in cash for overtime worked shall be paid not later than the completion of the pay period next succeeding the pay period in which such overtime was earned.

(Prior admin. code § 2-7.05)

A department head may not authorize any employee to accumulate compensating time off credit in excess of eighty (80) hours. This restriction does not prohibit the department head from authorizing overtime work for which cash compensation is made provided that the authorization is in accordance with the ordinance codified in this chapter, budgetary allowances, and county policy.

(Prior admin. code § 2-7.06)

The department head shall be the authority to require that employees use their accumulated compensating time off. For compensating time off earned on or after July 1, 1974, the department head must provide the opportunity for the employees to take the time off within twelve (12) calendar months following the month in which it is earned, and to prevent the accumulation of unused compensating time off in excess of eighty (80) hours. An employee shall not be entitled to compensating time off not taken within said twelve (12) month period nor shall the county have any obligation with regard thereto; provided that the employee was afforded reasonable opportunity to take such compensating time off. Employees may request specific times as to when such time off shall be taken, but the department head shall determine that the scheduling thereof is consistent with the operating needs of the department. Compensating time off due an employee who separates from county service must be granted to such employee prior to his separation. Cash payment in lieu of such compensation time off may be made upon approval by the department head, provided that the position remains unfilled to the extent necessary to fund such payment, and provided further that such payment shall not be made for compensating time off earned more than twelve (12) calendar months previously or for an accumulation exceeding eighty (80) hours.

Unless provided otherwise in a valid, current memorandum of understanding, an employee currently occupying a position in a job class which is not eligible to earn compensatory time of, may use the compensatory time off earned while occupying a position in a previous job class. Scheduling of this time off shall be by mutual agreement between the employee and the agency/department head or his/her designee.

(Ord. 2005-14 § 2; prior admin. code § 2-7.07)

Unused certified compensating time off accumulated prior to July 1, 1974, must be granted to such employee prior to his separation. Cash payment in lieu of such compensating time off may be made upon approval by the county administrator, providing the position remains unfilled to the extent necessary to fund such payment. Such accumulated compensating time off shall be reduced to no more than eighty (80) hours by July 1, 1975. After said date an employee shall not be entitled to any accumulation exceeding said level and the county will no longer have any obligation with regard thereto. Cash payments in lieu of such compensating time off made on or after July 1, 1975, under the terms of this section and Section 3.28.080 may not be in excess of eighty (80) hours of compensating time off in the aggregate.

(Prior admin. code § 2-7.08)

For purposes of the administration of the provisions of this chapter, the county administrator may establish necessary controls.

(Prior admin. code § 2-7.09)

Persons employed in positions to which the designation "M" is affixed in the salary ordinance and who, as bona fide executive, administrative, or professional employees as defined in the Fair Labor Standards Act are deemed to be exempt from the overtime provisions of the Act, are exempt from the overtime provisions of this code except as specifically set forth below:

A. If, because of a strike or other work stoppage, a department head shall require an exempt employee to perform work in excess of the normal county workweek in order to maintain essential services during such stoppage or to otherwise reduce or eliminate the effects thereof, the employee shall be deemed to be subject to the overtime provisions of the Fair Labor Standards Act during said workweek only and shall be compensated at the premium rate in cash for all time worked in excess of forty (40) hours.

B. If, because of a physical emergency as determined by the director of public works, the director shall require an exempt employee to perform work in excess of the normal county workweek in order to maintain essential services during such emergency or to otherwise reduce or eliminate the effects thereof, the employee shall be deemed to be subject to the overtime provisions of the Fair Labor Standards act during said workweek only and shall be compensated at the premium rate in cash for all time worked in excess of forty (40) hours.

C. If an exempt employee is required by the sheriff to perform work in excess of the normal county workweek during a state of alert and readiness as determined by the sheriff, the employee shall be deemed to be subject to the overtime provisions of the Fair Labor Standards Act during said workweek only and shall be compensated at the premium rate in cash for all time worked in excess of forty (40) hours. Examples of situations which may require a state of alert and readiness are incidents of mass arrests, civil disobedience or riot, natural and man-made disasters, airplane crashes, assignment to mutual aid forces and other unusual occurrences of a similar nature.

D. If, because of a local emergency declared or subsequently confirmed by the board, a department head shall authorize or require an exempt employee to perform work in excess of the normal county workweek in order to respond to the emergency, the employee shall, with the approval of the county administrator and the director of personnel and labor relations, be deemed to be subject to the overtime provisions of the Fair Labor Standards Act during said workweek only and be compensated at the premium rate in cash for all time worked in excess of forty (40) hours.

E. Effective July 1, 2009, if an exempt employee is required by the fire chief to perform work in excess of the normal county work week during a time of alert, readiness or response as determined by the fire chief, the affected employee shall be deemed subject to the overtime provisions of the Fair Labor Standards Act or approved reimbursement rates. Examples of situations which may require a state of readiness, alert or response are incidents of mass casualties, civil disobedience or riot, natural or man-made disasters, and large scale incidents requiring a response in excess of available local resources or mutual aid response to a major incident.

(Ord. 94-6 § 3 (part), 1994: prior admin. code § 2-7.10)

(Ord. No. 2009-48, § 1, 10-27-09; Ord. No. 2012-17, § 1, 5-22-12)

Persons employed in positions to which the designation "M" is affixed in the salary ordinance but who are not bona fide executive, administrative, or professional employees as defined by the provisions of the Fair Labor Standards Act, shall be compensated at the premium overtime rate in cash or compensating time off, in accordance with departmental rules, for all work performed in excess of forty (40) hours in a workweek. Any compensating time off shall be accrued and paid in accordance with section 7(o) of the Fair Labor Standards Act, except that the maximum accrual of untaken compensating time off shall not at any time exceed eighty (80) hours unless specifically approved in writing by the county administrator and the director of personnel and labor relations, but in no event to exceed two hundred forty (240) hours.

Effective two pay-periods following adoption of the MOU by the Board of Supervisors, employees in Job Code 6217SM, represented by the ACMEA Probation Managers 075, shall be allowed a maximum accrual of untaken compensation time not to exceed one hundred (100) hours unless specifically approved in writing by the county administrator and the director of personnel and labor relations, but in no event to exceed two hundred forty (240) hours.

(Ord. 94-6 § 3 (part), 1994: prior admin. code § 2-7.11)

(Ord. No. 2017-20, § 1, 5-9-17)

A. Effective January 1, 2006, unrepresented employees occupying positions in designated management classifications and who are exempt from the overtime provisions of the Fair Labor Standards Act, shall have appropriate leave balances reduced for absences of less that one work day, except that such employees shall be placed on leave without pay or absence without authorization (AWOL) for absences less than one work day when paid leave is not used because:

1. Permission for it's use has not been sought or has been sought and denied;

2. Paid leave is exhausted; or

3. The employee chooses to use leave without pay.

B. Effective April 6, 2008, employees represented by the Alameda County Employees Association in Representation Units R075, occupying positions in designated management classifications and who are exempt from the overtime provisions of the Fair Labor Standards Act, shall have appropriate leave balances reduced for absences of less than one work day, except that such employees shall be placed on leave without pay or absence without authorization (AWOL) for absences of less than one work day when paid leave is not used because:

1. Permission for its use has not been sought or has been sought and denied;

2. Paid leave is exhausted; or

3. The employee chooses to use leave without pay.

C. Effective June 29, 2008, employees represented by the Alameda County Employees Association in Representation Units S06, S25, occupying positions in designated management classifications and who are exempt from the overtime provisions of the Fair Labor Standards Act, shall have appropriate leave balances reduced for absences of less than one work day, except that such employees shall be placed on leave without pay or absence without authorization (AWOL) for absences of less than one work day when paid leave is not used because:

1. Permission for its use has not been sought or has been sought and denied;

2. Paid leave is exhausted; or

3. The employee chooses to use leave without pay.

D. Effective December 28, 2008, employees represented by the civil engineers management unit representation units R30, occupying positions in designated management classifications and who are exempt from the overtime provisions of the Fair Labor Standards Act, shall have appropriate leave balances reduced for absences of less than one work day, except that such employees shall be placed on leave without pay or absence without authorization (AWOL) for absences of less than one work day when paid leave is not used because:

1. Permission for its use has not been sought or has been sought and denied;

2. Paid leave is exhausted; or

3. The employee chooses to use leave without pay.

E. Effective July 25, 2010, employees represented by the Alameda County Management Employee Association Sheriff's Unit in Representation Units 026, 027 and 028, occupying positions in designated management classifications and who are exempt from the overtime provisions of the Fair Labor Standards Act, shall have appropriate paid leave balances reduced for absences of less than one work day, except that such employees shall be placed on leave without pay or absence without authorization (AWOL) for absences of less than one work day when paid leave is not used because:

1. Permission for its use has not been sought or has been sought and denied;

2. Paid leave is exhausted; or

3. The employee chooses to use leave without pay.

(Ord. 2008-38 § 3; Ord. 2008-24 § 1; Ord. 2008-10 § 3; Ord. 2007-37 § 3: Ord. 2006-58 § 3: Ord. 2005-41 § 3; Ord. 94-6 § 3 (part), 1994: prior admin. code § 2-11.15)

(Ord. No. 2010-31, § 1, 6-29-10; Ord. No. 2025-27, § 1, 4-29-25)

Persons employed in M-designated positions that are subject to the premium overtime provisions of the Fair Labor Standards Act shall be entitled to premium overtime compensation in cash or compensating time off or a combination thereof at the discretion of the department head as permitted by the Act. The county administrator and the director of personnel shall jointly certify to the auditor-controller a list of those M-designated positions covered by the premium overtime provisions of the Act.

(Prior admin. code § 2-7.13)

Persons employed in M-designated positions who, during a local emergency declared, or subsequently confirmed, by the board are authorized or required by their department/agency head to work overtime in response to the emergency, shall be entitled to straight time overtime payment in cash, provided that such payment is approved by the department/agency head, the county administrator, and the director of personnel and labor relations.

(Prior admin. code § 2-7.14)