Alhambra Municipal Code Ch. 2.51 Overtime

Except as expressly provided in § 2.51.030 of this chapter and subject to the provisions of this chapter, and in accordance with the Fair Labor Standards Act (FLSA), each department head is authorized to approve overtime work by an employee of his or her department.

(A) Except as otherwise provided in § 2.51.020, compensation for overtime shall be by way of mone-tary compensation and shall be paid at the rate of one and one-half times the amount of time worked by an employee which is in excess of such employee's standard period of work or tour of duty, if lesser, as defined in § 2.50.010 of this code.

(B) Monetary compensation for overtime for fire safety personnel assigned to a 3 platoon, 24-hour shift schedule shall be paid as set forth in § 2.51.030 of this chapter.

(C) Monetary compensation for overtime for all employees shall be calculated at the respective employee's regular rate of pay. As used herein, “regular rate of pay” shall mean the same as that term is defined in the fair Labor Standards Act.

(D) Any permanent employee required to work overtime other than immediately before the beginning, during or immediately after the end of his regular work period shall be paid for the actual time worked, but in no event shall such employee be paid less than a minimum of two hours of overtime, irrespective of the period of overtime actually worked.

(E) At the end of each pay period, each depart-ment head who has approved any overtime work during the pay period shall submit a written report thereof to the Director of Finance, who shall, in turn, submit a written report thereof to the City Manager.

(F) Except for police safety uniformed and plainclothes police officers, no monetary compensation or compensatory time off for overtime, or any other compensation in addition to the employee's basic pay for overtime, shall be given to any city employee for or on account of any of his meal periods, whether during any workday of his work week or otherwise. In the case of uniformed and plainclothes police officers, monetary compensation or compensatory time off in addition to any such employee's basic pay shall not be given for meal periods or briefing time to the extent such activities fall within the normal work week specified in § 2.51.010(d) of this code, but shall be treated as overtime to the extent such activities exceed the normal work week specified in § 2.51.010(d).

(Ord. 4007, passed - - ; Am. Ord. 4049, passed - - ; Am. Ord. 4326, passed 7-28-97; Am. Ord. 4327, passed 8-11-97)

At the discretion of each employee, and with the consent of the respective department head, compensa-tion for any overtime due and payable pursuant to this chapter may be by way of compensatory time-off at the rate of one and one-half times the amount of time worked by any such employee which is defined in § 2.51.010.

(B) Police Department employees, both sworn and non-sworn, shall be entitled to accrue such compensatory time up to a maximum of 100 hours. All other employees shall accrue such compensatory time up to a maximum of 80 hours.

(C) The city shall, to the extent that is reasonably practical, afford each employee the prompt use of his or her accrued compensatory time.

(D) All overtime earned in excess of the stated maximum for compensatory time shall be paid pursuant to § 2.51.010(A) of this code.

('86 Code, § 2.50.0200 (Ord. 4007, passed - - ; Am. Ord. 4265, passed 1-24-94)

Notwithstanding any of the provisions of § 2.51.010 to the contrary, a fire suppression employee's assigned monthly salary shall constitute straight-time payment for an average of 56-hours of work per week. Fire suppression employee straight-time hourly rate (the "straight time hourly rate") for purposes of calculating overtime pay shall generally be computed by multiplying the monthly salary by 12 months, dividing that product by 26 pay periods in a year and dividing that quotient by 112 hours per pay period.

(A) Scheduled overtime hours: Hours worked between the Federal Department of Labor established maximum hours standard (182 hours) and the standard number of hours worked in each work period per § 2.50.020(B) (192 hours) shall constitute “scheduled overtime hours.”

(B) Compensation for scheduled overtime hours:

(1) For any hours actually worked between the Federal Department of Labor established maximum hours standard (182 hours) and the scheduled overtime hours (192 hours) in a work period, (and in addition to the straight time compensation provided in § 2.51.030), an employee will be compensated at a rate equal to one-half the employee’s straight time hourly rate.

(2) Only scheduled overtime hours worked as defined herein are counted for the purpose of computing this form of compensation. Scheduled overtime hours:

(a) Shall not include any hours worked, on behalf of another employee, as part of a trade of duty with another employee;

(b) Shall not include periods when employees are absent from work on leave, vacation, holidays, personal leave time, administrative leave, sick leave time, jury duty, IOD, or any other paid or unpaid absence or leaves of absence.

(C) Unscheduled overtime hours: Any overtime hours worked in a 112 hour pay period shall constitute "unscheduled overtime hours." Unscheduled overtime hours shall not include any hours worked, on behalf of another employee, as part of a trade of duty with another employee.

(1) Employees shall be compensated at a rate equal to one and one-half times the employee's straight time hourly rate for unscheduled overtime hours.

(2) Hours that employees are absent from work on vacation, holidays, personal leave, sick leave, jury duty, or bereavement will not be deducted in computing any compensation for unscheduled overtime hours.

(Ord. 4326, passed 7-28-97; Am. Ord. 4327, passed 8-11-97; Am. Ord. 4425, passed 3-29-02; Am. Ord. 4426, passed 4-8-02; Am. Ord. 4659, passed 7-28-14)