Los Angeles Municipal Code Art. 8 Hours of Work

Section 4.108 Hours of Work – FLSA Non-exempt Employees. 4.110 Part-time Employment. 4.110.1 Compensated Personal Time Off Benefits for Intermittent Employees. 4.111 Payment of Salary During Jury Service. 4.111.1 Payment of Salary When Subpoenaed as a Witness. 4.112 Schedule Changes for Personal Business. 4.113 Overtime – FLSA Non-exempt Employees. 4.113.1 Increments of time reporting. 4.114 Salaried – FLSA Exempt Employees. 4.114.5 Certain FLSA Exempt and All FLSA Excluded Employees. 4.115 Payment for Overtime – Transfer and Termination. 4.116 Payment of Overtime on Death of Employee. 4.117 Reduced Work Schedule. 4.118 Time Off to Donate Blood or Bone Marrow.

Employees shall have a fixed workweek that consists of a regular recurring period of 168 consecutive hours (seven 24-hour periods) which can begin and end on any day of the week and any time of the day. A minimum of 8 hours of actual attendance on duty shall constitute a day’s work and a minimum of 40 hours shall constitute a week’s work for every full-time employee including authorized holidays and compensated absences. With the exception of employees assigned a reduced work schedule in accordance with Section 4.117, any employee who works fewer than these required hours per week shall be considered part-time, as defined in Section 4.110. Employees may be assigned to work Saturdays, Sundays or holidays.

(a) Alternative Work Schedules – Employees may be assigned to work schedules of five eight hour days (5/40), four ten hour days (4/10) in a single workweek, eight nine hour days and one eight hour day within a two week period (9/80) or other schedules at the discretion of the appointing authority. Regardless of schedule, employees shall not be assigned to work more than 40 hours during a workweek. Employees assigned to a (9/80) schedule shall have a designated regular day off, which shall remain fixed, unless permanently reassigned.

(b) Changes to Work Schedules – Employees may be required to adjust their work schedules (change days off or working hours, except on the same day of the week as their regular 9/80 day off) within the same FLSA workweek. Temporary changes to the designated 9/80 day off at the request of the employee’s appointing authority or the employee is prohibited unless it is intended for the employee to work additional hours (overtime) with the exception of during holiday weeks as provided for in Section 4.119(G).

(c) Rest Periods – The administrative head of any department may permit employees to take brief rest periods during any working day at such times and of such duration as to not adversely affect the operation of the department and promote efficiency, provided that such rest period shall not be taken during the first or last hour of the working day. The taking of rest periods is a privilege and not a right and any rest period not taken at the time permitted shall be deemed waived and not accumulated or carried over from one day to any subsequent day, or compensated for in any form.

SECTION HISTORY

Based on Ord. No. 89,100. Amended by: Ord. No. 99,790; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; In Entirety, Ord. No. 175,048, Eff. 1-23-03.

SECTION HISTORY

Based on Ord. No. 89,100. Repealed by Ord. No. 173,791, Eff. 3-2-01.

Management may allow an employee time off with pay, not to exceed eight hours in any one payroll period for personal business (except for changes on the 9/80 day off or the split day) provided that such time off so allowed shall either be made up in full within the same workweek that the time is taken or charged against the employee’s accrued and unused vacation or overtime bank in no less than one-half hour increments. Employees on a FLSA 7(b) work period shall either make up this time in full within the same pay period that the time is taken (as

long as hours worked do not exceed 56 hours in a workweek or 12 hours in a day) or charged against the employee’s accrued and unused vacation or overtime bank in no less than one-half hour increments.

SECTION HISTORY

Based on Ord. No. 89,100. Amended by: Ord. No. 131,781; Ord. No. 166,710, Eff. 3-1-91, Oper. 7-11-90; In Entirety, Ord. No. 175,048, Eff. 1-23-03; In Entirety, Ord. No. 182,968, Eff. 4-18-14.

(a) Salaried Employees – Employees who qualify for exemption from the Fair Labor Standards Act (FLSA) overtime provisions based upon duties and who are assigned to a class or pay grade, if the class has multiple pay grades, with a first step biweekly rate, without bonuses,

at or above the first step regular biweekly rate for the class and pay grade of Senior Personnel Analyst I, Code 9167-1, shall be treated as salaried employees as defined by the FLSA. Salaried employees will be paid the predetermined salary for each biweekly pay period and shall not receive overtime compensation. Salaried employees shall not be subject to any deductions from salary or any leave banks for any authorized absence from work for less than a full workday when these absences are occasional partial-day absences from work that are authorized by the appropriate supervisor designated by management. Partial-day absences that are long-term or recurring (e.g., intermittent leave/reduced work schedule for purposes of Family/Medical Leave) are subject to deductions from salary or leave banks. Salaried employees shall not be subject to disciplinary suspension for periods of less than a workweek (salaried employees can only be suspended in increments of a full FLSA workweek) unless based on violations of a safety rule of major significance or misconduct.

(b) Work Schedules – Salaried employees may be assigned 5/40, 4/10, 9/80 or other schedules at the discretion of their appointing

authority. Notwithstanding any Los Angeles Administrative Code provision or other City department rules and regulations to the contrary, these employees shall not be required to record specific hours of work for compensation purposes, although hours may be recorded for other purposes.

(c) Accumulated Compensatory Time Off – Salaried employees with accumulated compensatory time off earned prior to becoming

salaried shall be subject to the provisions of subsection 4.113(c).

(d) Additional Time Off – The appointing authority of each City department may grant time off for hours worked due to unusual

circumstances. Such time off shall not be on an hour for hour basis for any additional hours worked.

(e) Compensation for Emergencies and Unusual Occurrences – In lieu of time off, the appointing authority may, with the approval of the Mayor, grant additional compensation to non-represented employees when an employee(s) is assigned by Management to work additional hours outside of an employee’s regular work schedule, in increments of a full day (8) hours, in unusual situations (e.g. earthquake, flood, sewage spills, emergency construction response, etc.). Compensation for each additional day shall be an amount equivalent to 4.6% of the monthly rate of the employee’s appropriate step rate, as indicated in the appropriate salary appendix.

SECTION HISTORY

Former Section Based on Ord. No. 89,100. Former Section Repealed by Ord. No. 173,791, Eff. 3-2-01. New Section Added by Ord. No. 175,048, Eff. 1-23-03. Amended by: Subsec. (a), Ord. No. 179,996, Eff. 7-11-08; Subsec. (a), Ord. No. 182,976, Eff. 4-18-14.

Editor’s note: Section 21 of Ordinance No. 175,048, effective 1-23-03, purported to amend Section 4.114 of this Code in its entirety. Section 4.114 was repealed, however, before Ordinance No. 175,048 became effective. The section is set out above as if Section 21 of Ordinance No. 175,048 had the effect of enacting a new

Whenever a non-exempt or salaried employee transfers from one department, office or bureau to another department, office or bureau, all accumulated overtime shall be compensated for in cash at the employee’s regular rate of pay on the employee’s last working day prior to the effective date of the transfer or if higher, an average of the employee’s regular rate of pay over the employee’s last three years.

Whenever an employee resigns, retires or is discharged, all accumulated overtime shall be compensated for in cash at the employee’s regular rate of pay current at the date of payment or if higher, an average of the employee’s regular rate of pay over the employee’s last three years.

SECTION HISTORY

Based on Ord. No. 89,100. Amended by: Ord. No. 91,540; Ord. No. 144,499, Eff. 3-19-73; In Entirety, Ord. No. 175,048, Eff. 1-23-03.

In the case of the death of an active employee, all accumulated overtime shall be compensated in cash at the employee’s regular rate of pay at the time of death or if higher, an average of the employee’s regular rate of pay over the employee’s last three years. Payment may be made to: 1) the surviving spouse; 2) to dependent children in the event of no surviving spouse; or 3) to dependent parents in the event there shall be no surviving spouse or dependent children.

SECTION HISTORY

Former Section Based on Ord. No. 89,100. Former Section Repealed by Ord. No. 173,791, Eff. 3-2-01. New Section Added by Ord. No. 175,048, Eff. 1-23-03.

Editor's note: Section 24 of Ordinance No. 175,048, effective 1-23-03, purported to amend Section 4.116 of this Code in its entirety. Section 4.116 was repealed, however, before Ordinance No. 175,048 became effective. The section is set out above as if Section 24 of Ordinance No. 175,048 had the effect of enacting a new

Notwithstanding Section 4.108(a) of the Los Angeles Administrative Code:

(a) Whenever a full-time employee voluntarily reduces the number of the employee’s biweekly regular hours from 80 to a number not less than 72 at the request and/or with the permission of the employee’s department, office or bureau; or

(b) Whenever the appointing authority, in order to meet the varying needs of the different City agencies, reduces the number of a full-time employee’s biweekly regular hours to a different number of hours as may be established by the appointing authority pursuant to the City’s adoption of a resolution declaring a fiscal emergency;

an employee whose biweekly regular hours are reduced as authorized in this section shall be credited with all the rights and benefits as though the employee worked 80 hours in the payroll period. Compensation received under the circumstances herein provided shall be considered full compensation for all employees participating in such hour reduction.

SECTION HISTORY

Added by: Ord. No. 157,826, Eff. 7-25-83. Amended by: In Entirety, Ord. No. 175,048, Eff. 1-23-03; Ord. No. 180,696, Eff. 5-21-09.

Each department, office and bureau shall be responsible for administering time off for its employees who choose to donate blood or bone marrow. Depending on the operating needs of the department, office or bureau, appointing authorities may permit an employee to take time off with pay to donate blood or bone marrow as specified under the provisions of this section.

(a) Blood Donation – Employees may take time off with pay to donate blood up to one hour to donate at a work site donation drive

and up to two hours to donate at a non-work site location during a 12 month period.

(b) Bone Marrow Donation – Employees may take time off with pay to donate bone marrow up to 40 hours during a 12 month

period.

(c) A 12 month period shall begin on the first day of leave for each individual taking leave. The succeeding 12 month period will

begin the first day of the leave taken under this provision of this section after completion of the previous 12 month period.

(d) Employees who request time off to donate blood pursuant to Subsection (a) must submit verification from the American Red

Cross or other recognized donation organization that they have donated or that their donation was deferred by the organization.

(e) Employees requesting a leave of absence pursuant to Subsection (b), shall provide written verification to management that (1)

the employee is a bone marrow donor and (2) that there is a medical necessity for the bone marrow donation and absence from work.

SECTION HISTORY

Added by Ord. No. 171,027, Eff 4-25-96; Ord. No. 171,027 Repealed by Ord. No. 175,849, Eff. 3-25-04. Amended by: In Entirety, Ord. No. 175,849, Eff. 3-25-04.

ARTICLE 9

LEGAL HOLIDAYS AND OPEN AND CLOSED DAYS FOR CITY OFFICES

Section

(a) Notwithstanding any provisions of the LAAC that may conflict, the following days shall be treated as holidays:

1. New Year’s Day (January 1).

2. Martin Luther King’s Birthday (the third Monday in January).

3. Washington’s Birthday (the third Monday in February).

4. Cesar E. Chavez’s Birthday (the last Monday in March).

5. Memorial Day (the last Monday in May).

6. Juneteenth (June 19).

7. Independence Day (July 4).

8. Labor Day (the first Monday in September).

9. Indigenous Peoples Day (the second Monday in October).

10. Veterans Day (November 11).

11. Thanksgiving Day (the fourth Thursday in November).

12. The Friday after Thanksgiving Day.

13. Christmas Day (December 25).

14. Any day or portion thereof declared to be a holiday by proclamation of the Mayor and the concurrence of the City Council by resolution.

15. One unspecified holiday. Two unspecified holidays commencing in calendar year 2017.

16. Effective November 25, 2017, in addition to the unspecified holidays provided in Subsection (a)15. above, every full time non- represented employee who has completed fifteen (15) years of active full-time City service by the end of Pay Period 11 in each year starting in 2017, excluding the time in which the employee left City service or was employed by the Department of Water and Power, shall be entitled to five (5) additional unspecified holidays for a total of seven (7) per calendar year, which shall be credited in the pay period in which January 1 occurs each year, commencing in calendar year 2018.

(b) When any holiday from 1. through 13. above falls on a Sunday, it shall be observed on the following Monday.

(c) When any holiday from 1. through 13. above falls on a Saturday, it shall be observed on the preceding Friday.

(d) Any holiday declared by proclamation of the Mayor shall not be deemed to advance the last scheduled working day before a holiday for purposes of computing any additional time off.

(e) Whenever a holiday from 1. through 15. above occurs during an employee’s regularly scheduled workweek, eight (8) hours of paid leave for that holiday shall not be counted for the purpose of computing overtime pay for work performed after forty (40) hours.

(f) An employee shall be entitled to compensation for the appropriate number of hours of paid leave for holidays from 1. through 14. above if the employee worked the employee’s assigned shift immediately before and after the holiday, or prior to such holiday Management has authorized the employee to take paid time off (such as sick leave or vacation) in lieu of the requirement to work said shifts.

(g) Whenever a holiday falls on an employee’s 9/80 regular day off or modified day off, the employee shall take an alternate day off within the same calendar week as the holiday.

(h) An FLSA non-exempt employee who works on any holiday above will be compensated at the rate of time and one-half (1-1/2) for each hour worked, in addition to the employee’s regular compensation for the day, provided, however, that the employee has (1) worked the employee’s assigned shift immediately before and the employee’s assigned shift immediately after the holiday, or (2) prior to such holiday Management has authorized the employee to take paid leave time off in lieu of the requirement to work said shifts. Any employee who fails to meet these requirements will be paid at the rate of one hour for each hour worked. Employees shall not receive both overtime and holiday premium pay for same hours.

(i) FLSA non-exempt employees working in excess of eight (8) hours on any holiday listed from 1. through 14. above shall be paid at the appropriate holiday pay rate for the employee’s class. Employees shall not receive both overtime and holiday premium pay for the same hours.

(j) For each holiday listed above which results in time off with pay for employees working a Monday through Friday work week,

employees who are scheduled to work other than the Monday through Friday work week shall be entitled to such day off with pay or shall be compensated in accordance with all pertinent provisions ((b) through (i) above). If such holiday falls on an employee’s scheduled day off, an alternative day off in lieu shall be scheduled within the same calendar week as the holiday.

(k) The additional compensation for work performed on a holiday as provided herein shall not apply to employees whose regular rate of pay includes compensation for working on a holiday.

(l) Management shall have the sole authority and responsibility to determine whether the compensation for any holidays worked shall be in cash or CTO.

(m) The unspecified holiday shall be taken in accordance with the following requirements:

1. The holiday must be taken in one full normal working day increment of eight (8) hours during the calendar year in which it is

credited or it will be forfeited. The request for such time off, if timely submitted by the employee, will be promptly approved by Management subject to the operating needs of the employee’s department, office or bureau. If an unforeseen operating requirement prevents the employee from taking such previously approved holiday, Management will reschedule the holiday so that it may be taken on some other reasonably satisfactory date within the calendar year.

2. Any break in service (i.e., resignation, discharge, retirement) prior to taking the holiday shall forfeit any right thereto.

3. The holiday shall not be utilized to extend the date of any layoff.

4. No employee shall be entitled to an unspecified holiday until the employee has completed six months of satisfactory service and

has completed 500 hours of compensated time.

5. No employee shall receive more than the number of unspecified holidays provided in this section each calendar year. Thus, an employee transferring from the Department of Water and Power (DWP) to any other City department, office or bureau will not receive unspecified holiday(s) after taking such holiday(s) prior to leaving DWP and employees who resign or are terminated and then rehired during the same calendar year, will not receive additional unspecified holidays when rehired. 6. In addition to provisions outlined in this subsection that govern the application and use of an unspecified holiday, any outstanding accrued unspecified holidays as provided for in Subsection (a)16. above that are not taken prior to a non- represented employee transferring, reverting, promoting, demoting, or otherwise leaving employment from a qualified non-represented to a represented classification shall forfeit said unused unspecified floating holidays. If the number of unspecified holidays allowed in the new bargaining unit has been previously taken as a non-represented employee in the same calendar year the year in which a change in representation occurs, no additional unspecified holidays may be accumulated or taken.

(n) 1. a. A half-time employee, as defined by Section 4.110(a) of the LAAC, shall qualify for and receive the same holiday benefits as a full- time employee, including unspecified holidays except as noted in (n)1.b. below; provided, however, that pay for such holiday shall be prorated on the basis of the number of hours normally scheduled to be worked in relationship to the number of hours required for full-time employment in the class of position.

b. Half-time employees must complete a period of six consecutive months of service and must have been compensated for at least 500 hours before qualifying for the unspecified holiday. Half-time employees who transfer to full-time or full-time

employees who transfer to half-time are entitled to either a full unspecified holiday (8 hours) or a prorated unspecified holiday depending on their status at the time the holiday is taken. A full-time or half-time employee who transfers to intermittent without having taken any unspecified holiday shall not be entitled to such holiday while in intermittent status.

2. Intermittent employees, as defined by Section 4.110(b) of the LAAC, shall not be entitled to holiday benefits. An intermittent

employee who becomes full-time or half-time and who has not previously qualified for the unspecified holiday benefit as a full or half- time employee shall be required to qualify by completing six consecutive months of service in the full-time or half-time status and to have been compensated for at least 500 hours. Upon completion of said qualifying period, a half-time employee will be allowed prorated benefits as described herein.

SECTION HISTORY

Based on Ord. No. 89,100. Amended by: Ord. No. 89,934; Ord. No. 131,185; Ord. No. 141,413, Eff. 1-30-71; Ord. No. 142,605, Eff. 12-20-71; Ord. No. 146,024, Eff. 7-8-74; Ord. No. 150,272, Eff. 11-3-77, Oper. 7-1-77; Ord. No. 152,230, Eff. 4-23-79, Oper. 7-1-78; In Entirety, Ord. No. 153,413, Eff. 3-10-80, Oper. 3-1-80; Ord. No.

158,644, Eff. 1-24-84, Oper. 1-24-84; Ord. No. 160,569, Eff. 1-23-86, Oper. 7-1-85; Ord. No. 165,482, Eff. 2-1-90; Ord. No. 166,075, Eff. 7-20-90; In Entirety, Ord. No. 175,048, Eff. 1-23-03; Subsecs. (a), (e), (f) and (i), Ord. No. 181,789, Eff. 7-19-11; Subsec. (a)14., Ord. No. 184,258, Eff. 5-5-16; Subsec. (a)8., Ord. No. 185,261, Eff. 12-6-17; Subsec. (m)5. amended and Subsecs. (a)15. and (m)6. added, Ord. No. 185,357, Eff. 12-27-17; Subsecs. (a), (b), (c), (e), (f), (i) and (m)6., Ord. No. 187,901, Eff. 6-16-23.

(a) On Tuesday, November 3, 2020, all full-time, non-represented employees shall take eight (8) hours of unpaid holiday time off, and all half-time, non-represented employees shall take four (4) hours of unpaid holiday time off. In operations where minimum staffing levels must be maintained, employees shall be paid for hours worked in accordance with Fair Labor Standards Act (FLSA) regulations.

(b) On Friday April 2, 2021, all full-time, non-represented employees shall take eight (8) hours of unpaid holiday time off, and all half- time, non-represented employees shall take four (4) hours of unpaid holiday time off. In operations where minimum staffing levels must be maintained, employees shall be paid for hours worked in accordance with FLSA regulations.

(c) In addition to the unpaid holiday time off in Subsection (b) above, in Calendar Year 2021 and no later than June 19, 2021, all full-time, non-represented employees shall take two eight (8)-hour unpaid holidays off, for a total of sixteen (16) hours of unpaid holiday time off, and all half- time, non-represented employees shall take either one eight (8)-hour unpaid holiday time off, or four (4) hours of unpaid holiday time off on two separate days, for a total of eight (8) hours of unpaid holiday time off. In operations where minimum staffing levels must be maintained, employees shall be paid for hours worked in accordance with FLSA regulations.

(d) The provisions in Subsections (a), (b), and (c) above shall apply to individuals employed in all non- represented classifications (including General Manager) regardless of employing department, bureau or office, funding source, FLSA status, or civil service status.

(e) The unpaid holiday hours provided for in Subsections (a), (b), and (c) above may be substituted on an hour-for-hour basis for approved unpaid leave (e.g., Leave Without Pay while on Family and Medical Leave).

SECTION HISTORY

Based on Ord. No. 89,100. Amended by: Ord. No. 93,646; Ord. No. 108,436; Ord. No. 100,940. Repealed by Ord. No. 173,791, Eff. 3-2-01. Added by Ord. No. 181,950, Eff. 12-1-11, Oper. 12-1-11. Amended by: In Entirety, Ord. No. 182,205, Eff. 8-10-12; In Entirety, Ord. No. 186,808, Eff. 11-9-20; In Entirety, Ord. No. 186,980, Eff. 5-3-21.

Any City employee shall at the employee’s request be allowed time off for observance of religious holidays unless the employee’s absence substantially interferes with the performance of essential City services, such time off to be charged to accrued vacation or accumulated overtime, if available, or to time off without pay, providing, however, that the employing department may allow such time to be made up by rescheduling of the employee’s hours of work.

SECTION HISTORY

Added by: Ord. No. 152,497, Eff. 7-26-79.