Los Angeles County Municipal Code Ch. 6.15 Overtime for Flsa Covered and Other Nonsalaried Employees

This Chapter 6.15 determines the overtime compensation of employees covered by the Fair Labor Standards Act and other nonsalaried employees as herein defined.

(Ord. 93-0019 § 12 (part), 1993.)

When interpreting this chapter, words having initial capital letters shall have the following meanings:

A.

"Covered Employee" or "Nonexempt Employee" means an employee who is covered by 29 U.S.C. Section 201, et seq. of the Fair Labor Standards Act (the "FLSA") as determined by the chief administrative officer.

B.

"Exempt Employee" means an employee who is not covered by FLSA as determined by the chief administrative officer. As required by the FLSA, an Exempt Employee shall be a salaried employee as defined by Chapter 6.09 of this code, unless the employee is employed as an attorney, physician or school teacher.

C.

"FLSA Overtime" means time actually worked by a Covered Employee in excess of 40 hours in a Workweek or in excess of any other standard defined by the FLSA.

D.

"Non-FLSA Overtime" means time spent in the performance of work authorized by a department head which, when added to paid leave time in a Workweek or other FLSA Work Period, is in excess of the number of hours regularly scheduled in the

Workweek or other FLSA Work Period without the number of hours actually worked exceeding an applicable FLSA Overtime threshold.

E.

"Nonsalaried Employee" means a Covered Employee, or an Exempt Employee who is not required to be a salaried employee by the FLSA.

F.

"Workweek" means a recurring period of seven consecutive days (168 hours) established by the department head for the determination of overtime.

G.

For Covered Employees, "Work Period" means a recurring period from seven to 28 consecutive days (168 to 672 hours) which may be established by the department head pursuant to the FLSA for the determination of overtime.

(Ord. 93-0019 § 12 (part), 1993.)

A.

Non-FLSA compensatory time off accumulated by a FLSA covered employee during the period from October 1, 1993 through June 30, 1994 shall not be subject to the limitations of Section 6.15.050 B.

B.

Unused Non-FLSA compensatory time off accumulated by a FLSA covered employee during the period October 1, 1993 through June 30, 1994, shall be paid to the employee at the straight-time rate as defined in Section 6.15.060 in effect as of the date of payment, at the employee's option, on or after August 1, 1995, or upon termination from county service.

C.

Notwithstanding the provisions of paragraphs 3 and 4 of subsection D of Section 6.15.070, unused FLSA compensatory time off accumulated during the period October 1, 1993 through June 30, 1994 shall be paid at the rate required by the FLSA, at the employee's option, on or after August 1, 1995, or upon termination from county service.

(Ord. 93-0074 § 2, 1993.)

A.

Overtime Work. Except as provided in Section 6.15.040, a department head may require any employee in his department to work overtime for more than five days per week, or for more than the regular number of hours in an assigned workday or week when public necessity or convenience requires such work.

B.

Increments of Time. Non-FLSA Overtime and FLSA Overtime shall be earned, credited and paid or taken off in increments of 15 minutes, and no overtime credit shall be allowed for a period of less than 15 minutes.

C.

Straight Monthly Rate. As used in this Chapter 6.15, the straight monthly rate of pay shall be the monthly rate (or equivalent) established in Section 6.28.050 or in a memorandum of understanding for a class, plus any schedule, level, or percentage monthly bonus to which a person is entitled, including compensation pursuant to Sections 6.10.040 and 6.10.070. The

straight monthly rate of pay may be a Y-rate. The straight monthly rate does not include earnings from any bonus or pay differential computed on any other than a monthly basis.

D.

In subsection C above, where the rate established in Section 6.28.050 is other than a monthly rate, the equivalent monthly rate shall be determined as follows.

21.75 times the flat daily (FD) rate;

43.5 times the flat session (FS) rate;

87 times the flat visit (FV) rate;

174 times the flat hourly (FH) rate.

F.

Medical Positions. The provisions of this Chapter 6.15 do not apply to persons employed pursuant to subsection D of Section 6.12.020.

(Ord. 93-0019 § 12 (part), 1993.)

A.

All overtime shall be compensated by either:

Compensatory time off as provided in Section 6.15.050 or Section 6.15.070; or

Payment if specifically authorized by either the board of supervisors or the chief administrative officer pursuant to Section 6.15.040.

B.

Where payment for overtime has been so authorized, it shall be paid at the straight-time hourly rate set forth in Section 6.15.060, unless such overtime qualifies for payment at the FLSA Overtime rate pursuant to the provisions of this Chapter 6.15, in which event it shall be paid at such FLSA Overtime rates in accordance with Section 6.15.070.

(Ord. 93-0019 § 12 (part), 1993.)

A.

An employee shall not be assigned overtime that qualifies for payment unless:

Such overtime is first approved by the board of supervisors or the chief administrative officer; or

Such overtime is necessitated by a major emergency due to fire, flood, or other cause involving significant danger to life or property. Such emergency overtime which does not qualify for the FLSA Overtime rate may be worked upon approval of the department head.

B.

To request authorization from the chief administrative officer to pay employees for overtime, the department head shall notify the chief administrative officer in writing of the reasons requiring paid overtime, the number and titles of positions affected, and the probable period of time the overtime will be worked. The request shall be made before the overtime is worked.

(Ord. 93-0019 § 12 (part), 1993.)

A.

Earning and Accumulation of Non-FLSA Compensatory Time Off. Compensatory time off for Non-FLSA Overtime shall be earned and accumulated, and may be taken off at the discretion of the employee's department head, on a straight-time basis in increments as provided in subsection B of Section 6.15.020. No such overtime shall be earned, nor may it be accumulated, so as to exceed any specific limitation on the earning or accumulation of such overtime specifically authorized or provided by the board of supervisors, the chief administrative officer, or the employee's department head.

B.

Carryover. Accumulated Non-FLSA Overtime which is not taken off in the calendar year in which it was earned may be carried over to the next calendar year up to a maximum of 144 hours, unless otherwise approved by the board. Any such accumulated overtime carried over to a succeeding calendar year must be used during that calendar year or it is deemed lost, unless payment at the straight-time workday hourly rate is approved by the board or authorized by the chief administrative officer.

C.

Payment Upon Termination. Upon termination from county service, an employee shall be paid for his unused, accumulated non-FLSA compensatory time off as provided in Section 6.24.040, computed at the straight-time hourly workday rate of pay in effect on the employee's final day in county service.

(Ord. 93-0019 § 12 (part), 1993.)

The straight-time hourly rate for Non-FLSA Overtime authorized for payment shall be determined by dividing the straight monthly rate of pay determined in accordance with the subsection C of Section 6.15.020 by 174 and then rounding the resulting amount to the nearest mill.

(Ord. 93-0019 § 12 (part), 1993.)

A.

Qualifications for Overtime at the FLSA Overtime Rate. Overtime authorized for payment shall be paid at the FLSA Overtime rate provided in this section if the total hours actually worked by a Covered Employee exceed whichever of the following is

applicable, providing that paid leave time, except for holidays, shall not be counted as hours worked:

40 hours during the Workweek; or

The maximum hours allowed for any other Work Period permitted by the Federal Fair Labor Standards Act.

B.

Computation of FLSA Overtime for Represented Employees. Overtime meeting the qualifications set forth in subsection A shall be accumulated, accrued and compensated in accordance with the provisions of the applicable memorandum of understanding.

C.

Computation of the FLSA Overtime Hourly Rate for Nonrepresented Employees. Payment for overtime meeting the qualifications set forth in subsection A shall be calculated as follows:

Determine the straight-time hourly rate as specified in Section 6.15.060;

Determine the regular hourly rate by:

a.

Calculating the straight-rate earnings by multiplying the straight-time hourly rate by the total number of hours actually worked in the Workweek or Work Period. Hours worked do not include paid or unpaid leaves or holidays,

b.

Summing other earnings for the Workweek or Work Period, including bonuses that are not included in the straight-time hourly rate,

c.

Add the totals calculated in paragraphs a and b above to arrive at a grand total. Then divide the grand total by the total number of hours actually worked. The result of this calculation is the regular hourly rate,

d.

Divide the regular hourly rate obtained in paragraph c above by two; then add the quotient to the straight-time hourly rate determined in paragraph a above. The result is the hourly rate at which FLSA Overtime shall be compensated.

D.

FLSA Time and One-Half Compensatory Time Off.

Nonrepresented Covered Employees who enter into an agreement with the appointing authority prior to working assigned FLSA Overtime may elect to:

a.

Accumulate FLSA compensatory time off, in lieu of FLSA Overtime pay, at the rate of one and one-half hours for each hour of FLSA Overtime worked not to exceed the maximum accumulation of hours allowed by the FLSA; or

b.

Receive pay for each hour of FLSA Overtime worked, at the straight-time hourly rate for one hour and accumulate the remaining one-half hour as FLSA compensatory time off, not to exceed the maximum allowed by the FLSA.

c.

Accumulate FLSA compensatory time off, in lieu of FLSA Overtime pay, at the rate of one hour for each hour of FLSA Overtime worked and receive pay for the remaining half-hour at the employee's FLSA regular hourly rate in effect as of the date of payment.

d.

The amount of FLSA compensatory time off accumulated by an employee shall not exceed the number of hours established in advance by the chief administrative officer for fiscal purposes.

The FLSA Overtime hours and half-hours of compensatory time off accumulated pursuant to subsection A1 above shall be recorded in two separate accounts, one for the straight-time portion and another for the half-time portion. Employees with balances in these accounts may use them on an hour-for-hour basis to cover leaves of absence with pay with the approval of the appointing authority.

Carryover and Payment of Excess Accumulated FLSA Compensatory Time Off.

a.

Carryover. Accumulated FLSA compensatory time off not taken off in the calendar year in which it was earned may be carried over to the next year.

b.

Payment of Excess Accumulated FLSA Compensatory Time Off. Any accumulated FLSA compensatory time off carried over to the following calendar year which has not been used during that calendar year is excess compensatory time off and shall be paid to the employee. The excess accumulated straight-time portion shall be paid at the employee's straight-time hourly rate in effect as of the date of payment and the excess accumulated half-time portion shall be paid at the employee's FLSA regular hourly rate in effect as of the date of payment.

Payment of Accrued FLSA Compensatory Time Off Upon Permanent Assignment From a Covered Class to an Exempt Classification or Upon Termination From Service. When a Covered Employee is permanently assigned to an exempt classification or is terminated from county service, any accumulated FLSA compensatory time off shall be paid in accordance with the provisions in subsection D3 above.

(Ord. 2019-0007 § 4, 2019; Ord. 93-0019 § 12 (part), 1993.)

A.

Notwithstanding any other provision of this Chapter 6.15, persons employed in one of the following classes shall be compensated for overtime in accordance with the provisions of this subsection A:

Deputy Sheriff Trainee

Deputy Sheriff

Deputy Sheriff IV

Investigator, DA

Senior Investigator, DA

Sergeant

Supervising Investigator, DA

Notwithstanding any other provision of this Chapter 6.15, all accumulated overtime compensable as compensatory time off at the straight-time rate and not actually used shall be carried over and remain credited to the employee without limitation on the number of hours carried over or on the period for which such overtime may be carried over, except as provided in subparagraph 2 below.

Notwithstanding any other provision of this Chapter 6.15, all unused overtime accumulated prior to July 1, 1977 as compensatory time off at the straight-time rate shall be carried over and remain credited to the employee without limitation on the number of hours carried over or on the period for which such overtime may be carried over, except that any compensatory time taken off by such employee shall be charged against such carried overtime if any, until all is used.

B.

When authorized by the board of supervisors or the chief administrative officer, overtime ordered and worked by employees in any of the classes referenced below due to an unusual major event, such as a major fire, flood or civil disturbance, which has been specifically so designated by the board of supervisors or the chief administrative officer, shall be paid at the FLSA Overtime rate computed pursuant to Section 6.15.070.

Custody Assistant

Deputy Sheriff Trainee

Deputy Sheriff

Deputy Sheriff IV

Sergeant

Investigator, DA

Senior Investigator, DA

Supervising Investigator, DA

(Ord. 93-0019 § 12 (part), 1993.)

Notwithstanding any other provision of subsection B of Section 6.15.070, the premium rate for an employee in a position contained in the Deputy Probation Officers Employee Representation Unit who is assigned to a 56-hour week, for time worked in excess of 40 hours, but not exceeding 56 hours within the regularly scheduled workweek, shall be that rate to which he would be entitled if he were paid on a 40-hour-per-week basis. For purposes of this section, a scheduled off-post

period (which includes sleeping time) of not more than eight hours in each 24-hour period of a 56-hour shift shall be excluded as time worked unless interrupted by required work. If an employee is required to work during what would normally be an eight-hour off-post period, he shall be compensated pursuant to this section, except that if an employee is required to work more than three hours during such a period, he shall be compensated as though he had been required to work through the entire off-post period. The premium rate for such an employee who works in excess of 56 hours in a week, shall be the premium rate to which he would be entitled if he were paid on a 40-hour-per-week basis.

(Ord. 93-0019 § 12 (part), 1993.)

Notwithstanding any other provision of this Chapter 6.15, any employee who is required to work overtime as a result of any contract entered into with the approval of the board of supervisors, between the county of Los Angeles and another public jurisdiction or private individual or entity to provide services at special events, such as the Tournament of Roses Parade, shall be compensated for such overtime at the rate of time and one-half computed as provided in Section 6.15.070.

(Ord. 93-0019 § 12 (part), 1993.)