§ 2-244. Overtime.  

Effective on Tuesday, May 17, 2016
  • (a) As a general rule, the requirement of frequent overtime services in a department shall be considered evidence of under-staffing or improper organization and shall be subject to review by the city manager; however, employees shall work overtime when requested unless excused by their supervisor.

    (b) Records of all overtime work shall be kept by the department head, and overtime compensation will not be paid unless overtime work has been documented by the employee and verified by the supervisor.

    (c) Employees in non-exempt classifications required to work in excess of forty (40) hours in a designated work week shall be paid overtime or granted compensatory time off. Monetary payment or compensatory time off for overtime shall be calculated at the rate of one and one-half (1½) times the regular rate for all hours worked in excess of forty (40) hours in any designated work week.

    (d) For purposes of computing overtime, "time worked" shall mean those hours during which the employee is engaged in performing the duties of his job. With the exceptions stated in this paragraph, overtime pay will only be paid when an employee has actually worked more than forty (40) hours per week. Overtime shall not be computed on sick leave, jury duty/witness duty, funeral leave, or comp time. However, vacation days, holidays, safety days, and optional holiday shall be counted as days worked when calculating overtime.

    (e) Non-exempt employees who, for their own convenience, arrive early at their work area or leave late will not perform work during these periods. Work during such periods is likely to extend the employee's work week beyond forty (40) hours and will require the prior authorization of the department head.

    (f) At the request of the employee and at the discretion of the department head, non-exempt employees may be granted compensatory time off (comp time) in lieu of monetary wage. Comp time will accrue at the premium rate of time and one-half (1½) for each hour of overtime worked.

    (1) An employee who has accumulated comp time may request time off. Such requests will be granted within a reasonable amount of time so long as time off does not unduly disrupt the department's operations. Compensatory time off will require the prior approval of the department head.

    (2) No employee will be permitted to accrue more than eighty (80) hours of comp time. If the employee has accrued the maximum comp time, all subsequent overtime worked will be paid as monetary wage.

    (3) Upon termination, comp time remaining on the books will be paid at the employee's current rate or his average rate over the last three (3) years, whichever is higher.

    (4) An employee may request monetary payment of all or a portion of accrued comp time at his current hourly rate. Such request shall be made by memorandum to the city manager and shall receive the approval of the city manager prior to payment. A copy of the memorandum will be placed in the employee's personnel file.

    (5) Any non-exempt employee that is, or has been, promoted or reclassified to an exempt position shall have any accrued comp time liability immediately paid to the employee in a single cash disbursement, at his or her final rate of pay prior to promotion from the non-exempt position.

    (g) Overtime resulting from training required by the city shall qualify for overtime compensation. Training required for state-mandated certification shall not qualify. Overtime compensation will not be paid when training is voluntary. Travel time to and from work or place of training will not be considered as time worked and will not be included in calculating overtime.

    (h) An employee who works in two (2) or more different classifications during a single pay period and performs two (2) or more different types of work for which different straight-time rates have been established, shall receive overtime pay calculated on the weighted average of such rates.

    (i) Part-time employees shall earn time and one-half (1½) after working forty (40) hours in a week. All hours worked in excess of a normal schedule up to forty (40) hours will be paid at the employee's straight hourly rate. At the discretion of the department head, the part-time employee may accrue comp time for hours worked in excess of his normal schedule, however comp time shall be earned at the rate of one (1) hour off for each hour worked until forty (40) hours have been worked. After working forty (40) hours in one (1) week, the part-time employee will earn overtime pay or accrue comp time at the rate of time and one-half (1½) for each hour worked.

    (j) Employees in exempt classifications are salaried employees and are expected to work as long as necessary to fulfill their job responsibilities. If, however circumstances arise which require considerable extra work time, compensatory time off may be granted at the discretion of the department head; however, such compensatory time shall not accrue as for nonexempt employees and shall not be paid as a monetary wage.

    (k) Whenever by declaration of the Mayor immediate action is necessary to preserve the public peace, property, health, or safety within the City or to provide for continued operation of city government and exempt employees are directed by the City Manager to undertake immediate emergency response measures, such exempt employees shall be paid overtime wages at a rate of pay commensurate with overtime pay calculated for non-exempt employees during the period of  the emergency. If the following conditions are met, then exempt personnel will be eligible for overtime compensation.

    (1) The Mayor of the City of Lake Wales has signed a declaration declaring that a State of Emergency exists in the City.

    (2) The City has activated its Emergency Operations Center and the City Manager has implemented the City’s Emergency Management Plan.

(Ord. No. 94-18, § 1, 9-20-94; Ord. No. 2005-04, § 1, 2-15-05; Ord. No. 2012-21, § 1, 11-6-12Ord. No. 2016-06, § 1, 5-17-16)