Kern County Municipal Code Ch. 3.24 Overtime Work

For the purpose of this chapter, the following terms are defined as follows:

A. "Authorized overtime" means work performed by a regular employee when ordered by the department head or his subordinate as follows:

1. In excess of eight (8) hours in a workday or forty (40) hours in a workweek for represented employees on the normal work schedule, and in excess of forty (40) hours in a workweek for unrepresented employees on the normal work schedule;

2. In excess of the work schedule established by the department head pursuant to subsection H of Section 3.24.020 for employees on other than the normal work schedule;

3. In excess of forty (40) hours in a workweek for those employees scheduled pursuant to subsection I of Section 3.24.020;

4. In excess of ten (10) hours in a workday or forty (40) hours in a workweek for those personnel who are assigned to work a ten-hour workday on a four (4) day per week normal work schedule;

5. In excess of twelve (12) hours in a workday or forty (40) hours in a workweek for those personnel who are assigned to work a 12-hour workday on a three (3) or four (4) day per week normal work schedule;

6. In excess of nine (9) hours in a workday or forty (40) hours in a workweek for those personnel who are assigned to work a 9/80 work schedule.

B. "Call-back overtime" means services performed by an employee who is called back by the head of department or his subordinate to perform additional services after leaving the place of employment upon completion of the regular workday or regular workweek, and without previous advice by the department head or subordinate that such call-back would be required. "Call-back" overtime shall not include services performed by an employee while working at home.

C. "Compensatory time off" means time off without loss of pay during a regular work week which is granted to an employee as compensation for authorized overtime work performed by the employee.

D. "Normal work schedule" for full-time county employees shall consist of five (5) eight-hour days per workweek.

E. "Public emergency," for purposes of this chapter, shall be as declared by the board and generally shall be based upon the following definition: a public calamity due to fire, flood, earthquake, riot, insurrection, pestilence or other catastrophe adversely affecting the public peace, health, safety or general welfare.

F. "Regular employee" means a full-time or part-time employee occupying a position authorized by the county salary ordinance. Regular employee does not include contract employees.

G. "Stand-by" is working while "on-call," as that term is defined in 29 CFR 785.17, and shall be interpreted to duplicate the definition of compensable standby (i.e., working while "on-call") under the Fair Labor Standards Act, 29 CFR 785.17 states that an employee who is required to remain on call on the employer's premises or so close thereto that he cannot use the time effectively for his own purposes is working while "on-call." An employee who is not required to remain on the employer's premises but is merely required to leave word at his home or with the employer's officials where he may be reached is not working while on call.

H. "Stand-by compensation" is the rate at which employees on standby are paid (i.e., one-quarter (¼) of an employee's regular straight-time rate of pay, or the minimum wage, whichever is greater).

I. "Stand-by shift" means a shift regularly assigned by a head of department or his subordinate during which an employee is on stand-by and which stand-by shift is in addition to the regular workweek.

J. "Subordinate" means a supervisory employee empowered by a department head to order the performance of overtime work.

K. "Workday" means a period of time commencing at 12:01 a.m. and ending at 12:00 midnight of the same day.

L. "Workweek" means a period of time commencing at 12:01 a.m. on any Saturday and ending at 12:00 midnight on the following Friday, except for employees on a 9/80 work schedule.

Employees on a 9/80 work schedule work eight nine-hour weekdays and one eight-hour week day each period. The eight-hour work day and the day off for employees on a 9/80 work schedule shall occur on the same day of the week in consecutive weeks.

The workweek for employees on a 9/80 work schedule shall begin four (4) hours after the standard start time of their shift on the eight-hour work day and end one hundred sixty-eight (168) hours later.

(Ord. A-350 § 3, 2008: Ord. G-6929 §§ 2, 4, 2002; prior code § 1160)

(Ord. No. G-8643, § 6, 6-7-16)

Any provisions of this chapter to the contrary notwithstanding:

A. Except as otherwise provided in this chapter, all employees whose classification is designated management, or mid-management, or confidential in the departmental positions and salary schedule shall be exempt from the provisions of this chapter if designated an "exempt" or "noncovered" employee under the provisions of the Fair Labor Standards Act, 29 USCS 201 et seq. and by 29 Code of Federal Regulations Part 541 et seq. A department head may grant limited time off to such employees when, due to extraordinary circumstances, substantial additional work has been performed beyond reasonable job requirements. At the request of a department head, because of unique and unusual work circumstances, the board of supervisors may, by resolution, designate that certain management, mid-management, and confidential personnel are covered by the provisions of this chapter.

When a management, mid-management, or confidential employee is required at the direction of the department head to work a recognized county holiday, such employee shall be entitled to time and one-half (½) their regular rate of pay in addition to the base compensation for the holiday.

B. During an emergency requiring the activation of either the County Emergency Operations Center and/or a departmental emergency operation center, the county administrative officer may approve additional pay for employees exempt from the provisions of this chapter if the emergency is of sufficient duration and degree to warrant such pay. The affected employees must be sheriff, fire, or other safety personnel defined under the Fair Labor Standards Act or, if non-safety personnel, the employees must be primarily engaged in extraordinary work above and beyond their usual duties.

Exempt employees are eligible for this additional pay for all hours worked over and above eight (8) hours in a single day. Exempt employees shall be paid, at their regular hourly rate, for each additional hour worked between the hours of 5:00 p.m. and 8:00 a.m. Monday through Friday morning, and any hours worked from 5:00 p.m. Friday until 8:00 a.m. Monday morning. Employees shall be paid cash in lieu of compensatory time.

If there is any reimbursement from federal or state agencies, all departments whose exempt employees have received such additional pay shall submit the additional pay as "overtime" or "additional pay" for federal and state reporting purposes.

Within one (1) month after the cessation of the emergency, the county administrative office shall present a report to the board of supervisors detailing the additional amounts paid, as well as any reimbursement anticipated or received.

C. Employees employed in the capacity of an attorney in the office of the public defender shall be exempt from the provisions of this chapter. In addition, the board of supervisors may exempt other classifications of employees from the provisions of this chapter.

D. Routine shift changes in workday schedules which cause working hours in excess of a regular working week shall not entitle a regular employee to any overtime compensation, nor shall a regular employee be penalized by loss of pay if such shift change causes working hours of less than the regular working week.

E. Extra help employees shall receive overtime compensation only for all hours worked in excess of forty (40) hours within a workweek. At the option of the county, such overtime compensation may be granted in the form of compensatory time off at the rate of one and one-half (1½) times the overtime hours worked, or in cash at the rate of one and one-half (1½) times the employee's regular hourly rate for the overtime hours worked. Notwithstanding the foregoing, extra help employees in the fire department working schedules authorized by Section 7k of the Fair Labor Standards Act shall be paid for overtime in the manner provided for by the memorandum of understanding for regular employees working in the same position and during the same hours and shifts as the extra help employee.

F. Notwithstanding any other provision of this chapter, in no event shall an extra help employee receive overtime compensation in excess of what a regular employee in the same classification, working the same hours, would receive.

G. Employees required by the department head to attend special departmental training meetings during off-duty hours shall be entitled to compensatory time off at the rate of one and one-half (1½) times each overtime hour worked as a result of attendance at such meetings.

H. Where operational requirements of a department require deviations from the employee's normal work schedule, an employee's work hours may be scheduled to meet these requirements, but the employee's working time shall not exceed forty (40) hours per workweek, except as may otherwise be specifically provided. The department head shall prepare written schedules in advance to support all required deviations and to encompass the complete operational cycle contemplated.

I. The work schedules of certain employees assigned on a project basis involving variable time periods shall be as determined by the head of the department; however, such schedules shall be based upon forty (40) hours in a workweek. Such employees shall include, but not be limited to: custodians assigned to veterans buildings, the roving gardening crew and heavy duty custodian crew of the buildings and grounds department.

J. Employees may, with the permission of the department head or designee, work a flexible work schedule during any workweek. Employees working such a flexible work schedule shall only be entitled to overtime for work in excess of forty (40) hours in a workweek and shall not be entitled to overtime based on the number of hours worked in a workday.

K. As with other sections of this code, the terms and conditions of a memorandum of understanding between the county and a recognized employee organization, or a contract with a contract employee, shall supersede any contrary provisions contained in the code.

(Ord. A-350 § 4, 2008: Ord. G-6929 §§ 5—8, 2002; Ord. G-6631 §§ 2, 3, 1999; Ord. G-6577 §§ 2, 3, 1999; Ord. G-5262 § 2, 1990: Ord. G-4675 § 2, 1988; prior code § 1161)

(Ord. No. A-355, § 2, 1-6-2015; Ord. No. G-8643, § 6, 6-7-16)

Any provisions of this chapter to the contrary notwithstanding, the following specific regulations shall apply to particular departments as follows:

A. Kern Medical Center. The chief executive officer of Kern Medical Center may designate certain employees in the divisions of nursing, pharmacy, laboratory, medical technical services, outpatient services, and psychiatric services whose workweek shall consist of three (3) or four (4) working days of twelve (12) working hours per day. Employees so designated shall be paid overtime for all hours worked in excess of twelve (12) in a workday, or forty (40) hours in a workweek. The workweek of medical interns and residents shall be determined by the chief executive officer of Kern Medical Center.

B. Juvenile Forestry Camp. The county probation officer may designate certain employees whose workweek shall consist of four (4) consecutive working days followed by three (3) calendar days off duty. Three (3) of such working days shall consist of twelve (12) working hours and one (1) working day shall consist of six (6) working hours. Two (2) hours of each such workweek shall be paid overtime.

(Ord. A-350 § 5, 2008: prior code § 1161.1)

(Ord. No. G-8643, § 6, 6-7-16)

A. No full-time or part-time employee shall be employed in any one (1) or more classifications for more than a total of forty (40) working hours in any one workweek, authorized overtime excepted, unless authorized by the board of supervisors.

B. Any employee who works in two (2) or more departments in any combination of full-time, part-time, or extra help classifications shall be entitled to compensatory time off or cash payment for overtime only for the authorized overtime worked in a single department; and all other hours worked in any other department shall be compensated at the employee's regular rate of pay for the position involved. Such employee may only be authorized to work overtime in a single department during any workweek, unless authorized by the board of supervisors.

(Ord. A-350 § 6, 2008: prior code § 1162)

(Ord. No. G-8643, § 6, 6-7-16)

It shall be the duty of each department head to arrange the work of his department in such a manner that so far as possible regular employees shall work not more than eight (8) hours in each workday nor more than forty (40) hours in each workweek except as provided in subsection A of Section 3.24.030 for designated employees of Kern Medical Center. Subject to this requirement, if, in the judgment of the department head, work in excess of the normal workday or workweek is necessary to meet the workload of the department, the department head may direct an employee to perform overtime services.

Notwithstanding the foregoing, in the event that authorized overtime is regularly scheduled and is included in an employee's "compensation earnable," as defined in Government Code section 31461, the overtime must be approved by the board of supervisors.

(Ord. A-350 § 7, 2008: prior code § 1163)

(Ord. No. G-8643, § 6, 6-7-16)

A. Except as otherwise provided in Sections 3.24.070 and 3.24.080, a regular employee shall be entitled to receive compensatory time off without loss of pay for authorized overtime services performed by such employee.

B. Such time off shall be taken at such time as shall be approved or designated by the department head or his subordinate and, except as otherwise specifically provided, will be allowed at the rate of one and one-half (1½) hours off for each hour of authorized overtime work performed.

(Prior code § 1164)

(Ord. No. G-8643, § 6, 6-7-16)

A. Subject to such administrative regulations as may be provided pursuant to Section 3.24.170, compensatory time off for an employee may be accumulated up to but not exceeding the credit of one hundred twenty (120) hours at any one (1) time upon approval of the department head or his/her designee.

B. For good cause shown, the maximum accumulation of compensatory time off may be extended beyond the limits prescribed in subsection A of this section, subject to such limits as may be recommended by the chief administrative officer and approved by the board of supervisors.

(Ord. A-336 § 3, 1987: prior code § 1165)

(Ord. No. G-8643, § 6, 6-7-16; Ord. No. A-368, § 14, 2-11-20)

A. The board of supervisors, after receiving request from the department head and recommendation from the administrative officer, may approve cash compensation for authorized overtime worked by non-exempt employees in emergency situations or when due to unusual circumstances it would create an extreme hardship for the office, department, or institution involved to conform to the provisions relating to compensatory time off.

B. Such cash compensation, as referred to in subsection A of this section, will be at the rate of one and one-half (1½) times the non-exempt employee's regular rate of compensation.

(Prior code § 1166)

(Ord. No. A-355, § 2, 1-6-2015; Ord. No. G-8643, § 6, 6-7-16)

A. Any call-back of any employee during which he performs less than two (2) hours of overtime work shall entitle him to an authorized overtime credit of two (2) working hours.

B. Any call-back during which such employee performs two (2) or more hours of overtime work shall entitle him to an authorized overtime credit of the number of hours actually worked, to the nearest half hour.

C. Compensation for such call-back overtime shall be subject to the provisions of Sections 3.24.060, 3.24.070 and 3.24.080.

D. In no event shall the total "call-back" hours credited per this section exceed eight (8) hours in any eight-hour shift.

E. Any call-back which occurs during the one-hour period immediately preceding the beginning of the employee's regular work shift shall not entitle the employee to the two-hour minimum prescribed in subsection A of this section. Such call-back shall entitle the employee to an authorized overtime credit for the time actually worked, to the nearest half hour. Any call-back which occurs prior to such one-hour period, but which may extend into such one-hour period, is not affected by the provisions of this subsection.

F. An employee called back to work shall not receive any other premium compensation while in a call-back status.

(Prior code § 1167)

(Ord. No. G-8643, § 6, 6-7-16)

Each stand-by shift shall consist of eight (8) hours of stand-by duty performed within any one 24-hour period. The department head or his subordinate may assign an employee to more than one (1) stand-by shift in any one 24-hour period.

(Prior code § 1167.1)

(Ord. No. G-8643, § 6, 6-7-16)

Any department head who determines that the use of stand-by shifts is essential to the efficient operation of his department shall first obtain the approval of the board of supervisors for establishing such procedure. Any approval so given shall specify the number and classification of the positions for which stand-by shifts are authorized. Any such approval may be given by minute order of the board.

(Prior code § 1167.2)

(Ord. No. G-8643, § 6, 6-7-16)

Any employee required by the department head to be on stand-by duty shall receive one-quarter (¼) of his regular straight-time rate of pay, or the minimum wage, whichever is greater, for all hours he is required to be on stand-by. Employees on stand-by duty who are called back to work shall not receive stand-by pay while in a called-back status. Upon completion of the employee's called-back status, the employee shall be eligible for stand-by duty pay for the remaining hours of the stand-by duty shift, if any.

(Ord. A-350 § 8, 2008: prior code § 1167.3)

(Ord. No. G-8643, § 6, 6-7-16)

A. Authorized overtime shall be recorded daily to the nearest tenth of an hour.

B. In accordance with rules and regulations prescribed by the administrative officer, each department shall keep an accurate record in writing of all authorized overtime.

(Ord. G-6929 § 10, 2002; prior code § 1168)

(Ord. No. G-8643, § 6, 6-7-16)

Any employee who has authorized overtime accumulated to his credit at the time of his separation from county service shall receive cash compensation for such overtime, calculated upon his rate of pay at the time of such termination.

(Prior code § 1169)

(Ord. No. G-8643, § 6, 6-7-16)

A. The number of overtime hours worked shall not be included in any computation of time used as a measure of any employee benefit or salary schedule.

B. Compensatory time off shall be included in any computation of time used as a measure of any employee benefit or salary schedule.

C. Subject to the exceptions set forth in Section 3.24.020, and to the provisions of Section 3.24.040(B), any holiday to which an employee is entitled and any authorized time off with pay which is taken by an employee, whether as vacation, sick leave, compensatory time off or otherwise, shall be counted together with hours actually worked within any workday or workweek to determine an employee's eligibility for overtime compensation. In the event that the total of credits for holidays, authorized time off with pay, and actual hours worked in any workday or workweek exceeds the number of hours in the employee's regular workday or workweek, the number of hours credited in excess of the number of hours in the regular workday or workweek shall be considered as "authorized overtime" within the meaning of Section 3.24.010(A), and the employee credited therewith shall be entitled to compensation therefor as provided in Section 3.24.060 or Section 3.24.080, as appropriate.

(Ord. A-350 § 10, 2008: prior code § 1170)

(Ord. No. G-8643, § 6, 6-7-16)

The administrative officer shall prepare and administer such administrative rules as are necessary for the proper implementation of the provisions of this chapter. Such rules shall be subject to the approval of the board of supervisors. In the event of a conflict between the administrative rules and the provisions of this code, the provisions of this code shall control.

(Ord. A-350 § 11, 2008: prior code § 1168.1)

(Ord. No. G-8643, § 6, 6-7-16)

Any employee may appeal from any administrative determination made by any department head in the administration of the provisions of this chapter by the use of the grievance procedure as set forth in any applicable memorandum of understanding or for unrepresented employees in the Kern County Policy and Administrative Procedures Manual.

(Ord. A-350 § 12, 2008: prior code § 1171)

(Ord. No. G-8643, § 6, 6-7-16)