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Layton City Policy

Personnel Policy Manual

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3301 - Compensation and Overtime Policy

This policy sets forth the general provisions and guidelines for receiving paychecks, recording work time, work periods, overtime, exempt status, premium holiday pay, callback pay, and comp-time available to Layton City employees.

Pay Checks

Layton City pays on a bi-weekly schedule (26 paydays per year).  Paychecks are issued every other Friday.  When the payday falls on a holiday, checks will be issued the workday before the holiday.  If payday falls on a regularly scheduled vacation day, the Department Director can arrange for the employee's check prior to the start of the vacation.  Salary advances shall be made only in emergency circumstances and only upon the approval of the Department Director.  These shall be the only provisions allowed for the early issuance of checks. 

On payday it will be the Department Director's responsibility to go to the Finance Department and pick up the checks from the Treasurer.  No checks will be issued directly to employees through the Finance Department.  When the Department Director is absent, or unable to pick up checks on payday, he/she must appoint an alternate and notify the Treasurer.

Timesheets - Recording Work Time

Timesheets are to be completed and authenticated by each City employee and then reviewed, approved and authenticated by their supervisor.  Authentication occurs when either a paper time card is signed, or an electronic timecard is submitted from an employee’s password protected account.   Time recorded must be a true and accurate reflection of actual time worked and leave balances used. Timesheets should be submitted to the finance department no later than noon on the Monday following the conclusion of the pay period.  Any timesheet submitted after this deadline may result in a de­layed paycheck.

Most employees will authenticate their time card as they submit it to the finance department. On rare occasions, or in the case of paid-on-call firefighters, the employee may not be available to authenticate a timecard by the deadline.  When this occurs, the supervisor may collect the employee’s information and submit the time card on behalf of the employee, however the employee still has an obligation to review the time card for accuracy, correct it if necessary, and authenticate it within seven (7) days of the date that time card was due.  (Paid-on-call firefighters will be given forty-five (45) days to authenticate time cards.)  It is the supervisor’s responsibility to ensure that every employee authenticates his/her time card.

Work time shall be recorded in quarter hour increments.  Time worked shall be rounded up to the next quarter hour after 11 minutes have been worked in that quarter hour.

Examples:

Time Worked (Inclusive)                        Time Recorded

7 hrs 56 min through 8 hrs 10 min                 8 hrs

8 hrs 11 min through 8 hrs 25 min            8 hrs 15 min

8 hrs 26 min through 8 hrs 40 min            8 hrs 30 min

8 hrs 41 min through 8 hrs 55 min            8 hrs 45 min

Work Periods

The work period for general Layton City employees is Friday at 12:01 pm to the following Friday at 12:00 noon.

The work period for Layton City sworn police officers is from Friday at 12:01 pm to the Friday 14 days later at 12:00 noon.

The work period for Layton City Fire Department 24-hour shift personnel is a 24 consecutive day work period that begins on January 16, 2007 at 12:01 am and ends at 12:00 midnight on February 8, 2007 (24 consecutive days later).  The next work period will begin at 12:01 am February 9, 2007, and end at midnight 24 consecutive days later, and so on.

Compensation for Overtime Worked

All non-exempt employees (as determined by Fair Labor Standards Act (FLSA)) must be paid time and a half or given compensa­tory time at the rate of time and a half for all hours worked:

Over 40 hours per work period for general employees;

Over 85 hours per work period for sworn police officers; and,

Over 182 hours per work period for fire department 24-hour shift personnel.

For pay purposes, annual leave, sick leave, and holiday leave shall be paid at straight time and shall not be included as time worked for overtime calculation. 

When comp-time or holiday comp-time is used, such time shall not be included as time worked for the calculation of overtime.

On-call or standby time shall be excluded from time worked as permitted under the FLSA.

Authorization of Overtime Required for Non-Exempt Employees

Non-exempt employees should not work additional hours unless specifically authorized by their supervisor.  Non-exempt employees should not arrive at work more than a few minutes before their shift begins, and not remain at work for more than a few minutes after their shift ends. The City is required to pay non-exempt employees for all hours worked. Non-exempt employees shall not work off the clock, even if a manager tells them to.  Any falsification of payroll records, such as underreporting or over reporting of work time is prohibited and should be reported to the HR Officer or Assistant City Manager.  Employees and supervisors have a responsibility to review timecards and ensure that hours worked are accurately reported.

FLSA Exempt Employees

It is the policy of Layton City that exempt employees be paid pursuant to principles of public accountability and may be required to work a specified schedule and to keep track of and record their hours worked.  Exempt employees are salaried employees and are expected to work normal working hours as determined by the Department Director or City Manager (usually 40 hours per week for general and police employees, and 192 hours in a 24 day period for 24-hour shift fire employees) unless absent due to a holiday, or use of approved leave.   Exempt employees are expected to work beyond normal working hours when needed to complete their assignments and responsibilities. 

The following positions are considered exempt and are not entitled to overtime compensation:

Exempt - City Manager, Department Directors and Assistant Directors

City Manager

Assistant City Manager                                                                    

City Attorney

Assistant City Manager                                                  Assistant City Attorney

Police Chief                                                            Assistant Police Chief

Fire Chief                                                            Assistant Fire Chief

Public Works Director                                                    Finance Director

Community Development Director                                            Parks & Recreation Director

City Engineer

Exempt - Finance

Senior Accountant                                                    Treasurer

Exempt - Legal

Prosecuting/Civil Attorney                                      

Exempt - Management Services

Information Systems Manager                                LAN Specialist

Programmers                                                            Facilities Manager

Exempt - Public Safety

Police Lieutenants                                                    Fire Battalion Chief

Communications Center Manager                                 Fire Marshal/Battalion Chief

Exempt - Public Works Engineers

Assistant City Engineer                                          Staff Engineers

Exempt - Public Works Managers

Assistant Public Works Director/TCD                 Water Foreman

Shop Supervisor/Fleet Manager                          Streets Foreman

Exempt - Community & Economic Development

Economic Development Manager/CED Deputy Director         Chief Building Official

Long Range Planner

Exempt - Parks & Recreation

Parks Superintendent                                           Recreation Supervisor

Aquatics Manager                                                Project Manager/Parks Planner

(This listing is subject to change.)

Additional Compensation for Exempt Employees

When exempt employees work beyond the normal working hours, the employee is eligible for "administrative leave" as referred to in policy 3202. The department director may grant administrative leave in this circumstance, however such leave provided for a department director must be granted by the city manager.   Such administrative leave is not accruable, nor is it considered annual leave.  It is not the intent of this policy that employee’s take an hour of administrative leave for every hour worked over normal working hours, rather exempt employees are expected to work additional hours whenever necessary with administrative leave being taken only on an occasional basis.

In addition, exempt employees (excluding the city manager, department directors, and assistant directors as listed above) may accrue straight comp-time or be paid straight time, at the discretion of the department director, when required to work beyond normal working hours:

1.      To perform non-exempt work, as determined by the department director,  (such as plowing snow, repairing a water line, or to make a building repair, etc.) or

2.      To work on a specific project, as determined by the department director in consultation with the city manager,

It is not intended that exempt employees receive compensation for Incidental time worked before or after normal work hours. Exceptions may be made at the discretion of the City Manager.

Meeting the Salary Basis Test for Exempt Employees

The Fair Labor Standards Act (FLSA) requires that most employees be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked in accordance with the section entitled "Compensation for Overtime Worked" above.   However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees.  Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees.  To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week.  Job titles do not determine exempt status.  In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the regulations.  

To qualify for exemption, employees generally must be paid at not less than $455 per week on a salary basis.   Being paid on a "salary basis" means an employee regularly receives a predetermined amount of compensation each pay period on a weekly or less frequent basis. The predetermined amount cannot be reduced because of variations in the quality or quantity of the employee’s work.  Subject to the exceptions listed below, the exempt employee must receive the full salary for any workweek in which the employee performs any work, regardless of the number of days or hours worked.  Exempt employees do not need to be paid for any workweek in which they perform no work.  If the employer makes deductions from an employee’s pre-determined salary, i.e., because of the operating requirements of the City, that employee is not paid on a "salary basis".  If the employee is ready, willing and able to work, deductions may not be made for time when work is not available.

Permitted Deductions

Deductions from the pay of an exempt employee are permissible under the following circumstances:

1.      Absence from work for one or more full days for personal reasons, other than sickness or disability;

2.      Absence from work for one or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy or practice of providing compensation for salary lost due to illness; to offset amounts employees receive as jury or witness fees, or for military pay; or for unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule infractions. (See policy 3801 for penalties for workplace conduct rule infractions.)

3.      Also, an employer is not required to pay the full salary in the initial or terminal week of employment; for penalties imposed in good faith for infractions of safety rules of major significance, or for weeks in which an exempt employee takes unpaid leave under the Family and Medical Leave Act.  In these circumstances, either partial or full day deductions may be made.

4.      In addition, 69 Fed Register, page 22,178 permits leave bank deductions from accrued leave accounts (Thompson Tab 200 Page 75 July 2004) in increments of less than one day.  In addition, 29 CFR 541.710 indicates that employees of public agencies shall not be disqualified from exemption because pay is reduced for absences of less than one workday when accrued leave is not used because accrued leave has been exhausted.  Therefore, (1) exempt City employees are expected to deduct time from leave banks as indicated in policy 3202 for personal absences in increments of less than one day; and (2) when leave banks are exhausted, deductions from exempt employee pay may be made in increments of less than one day.

Examples of Improper Deductions:

  • Deduction of a day of pay because the employer was closed due to inclement weather or a holiday;
  • Deduction of pay because the employee was absent from work for jury duty, rather than merely offsetting any amount received as payment for the jury duty.

Payroll Practices That Do Not Violate the Salary Basis Test:

  • Taking deductions from exempt employees accrued leave accounts;
  • Requiring exempt employees to keep track of and record their hours worked;
  • Requiring exempt employees to work a specified schedule;
  • Implementing bona fide, across the board schedule changes.

Salary Basis Policy:

It is the policy of Layton City to comply with the salary basis requirements of the FLSA.  Therefore, improper deductions from the salaries of exempt employees are prohibited.  Exempt employees should be aware of this policy and that the City does not allow deductions that violate the FLSA.

What To Do If An Improper Deduction Occurs:

If an exempt employee believes that an improper deduction from salary has been made, he/she

should report any improper deductions in writing to the Human Resources Officer, who will investigate the deduction and respond back to the employee within 15 days. If it is determined that an improper deduction has occurred, the employee will be promptly reimbursed for any improper deduction made.

General Policy to Pay Comp-Time Instead of Cash

The City's general policy is that compensatory time off, rather than a cash payment, will be given for overtime hours worked.  Exceptions to this may be made at the discretion of the Department Director, who may require the employee to take cash compensation when in the best interest of the City. The fact that cash compensation may be given does not change this general policy.

Other Exceptions to the Compensation and Overtime Policy 

The City Manager or designee may implement the following policy via an administrative directive when doing so is determined by management to be in the best interest of the City.  Examples of cases where this may apply include local disasters, responding to mutual aid requests, backfill requirements, and/or other times when the workload in the City is increased:

  1. The City may elect to discontinue the accrual of comp-time, and instead, cash payment will be made for all overtime worked by non-exempt employees during such period;
  2. The City may elect to pay overtime to non-exempt employees as follows:
    1. Non-exempt general employees will be paid time and a half for all hours worked in excess of 8 hours per day when working at least 40 hours in a 7 day work period;
    2. Non-exempt police employees will be paid time and a half for all hours worked in excess of 8 hours per day when working at least 85 hours in a 14 day work period;
    3. Non-exempt fire department 24-hour shift personnel will be paid time and a half for all hours worked in addition to scheduled 24 hour shifts when working at least  182 hours in a  24-day work period.

Agreement and Understanding of Comp-Time Policy

All employees at the time they accept employment with the City and as a condition of employment shall sign a statement that they agree to and understand the City’s comp-time policy.

Holiday Compensation Time

Shift employees in the Police and Fire Departments are advanced semi-annual holiday comp-time accruals in lieu of taking specific holidays off. (See Policy 3205).

Unused holiday comp balances are forfeited immediately prior to each semi-annual accrual at the end of the first pay period in January and again at the end of the first pay period in July of each year.

It is also possible for a general employee to accrue holiday comp-hours if he/she is required by the Department Director to work on a holiday.  Unused holiday comp balances for general employees shall be forfeited at the end of the first pay period in January of each year.

Use of Accrued Comp-Time

The employee’s immediate supervisor will coordinate use of comp-time.  Employees should be allowed to use accrued comp-time within a reasonable period after they request it, unless the operation of the department would be unduly disrupted by the employee's absence from work.

Accumulation of Comp-Time

Department Directors are encouraged to coordinate use of all comp-time with employees so that balances can be used.  Effective January 2002, as of the end of the first pay period in January of each year,

All non-holiday comp-time in excess of 24 hours shall be paid to the employee at the employee's current rate of pay.  Comp-time paid shall be charged to the department where the employee works.

Payment for Unused Comp-Time at Termination of Employment

When a non-exempt employee terminates employment with the City, the employee must be fully compensated for all unused, non-holiday comp-time.  The rate of compensation will be the regular rate earned at the time of termination. Any unused holiday comp time will be forfeited at the time of termination.

Comp-Time Record Keeping Requirements

The time sheet records shall indicate overtime hours worked.  When comp-time is given for overtime work, time sheet records shall show the number of comp-time hours accrued by each non-exempt employee.  The payroll system shall calculate the overtime or comp-time hours worked at the appropriate rate.  Records shall be maintained indicating when accrued comp time is used by non­exempt employees.  The Department Director or supervisor shall sign these records.

Emergency Call-back Pay

The provisions of this section shall apply when an employee is called back to work an unscheduled period due to an emergency.

Regular callback pay.  Non-exempt employees called back to work for emergencies within one hour before their scheduled shift, shall receive regular callback pay until their scheduled shift begins. Those called back to work within one hour after their scheduled shift ends shall receive regular callback pay for a minimum of one full hour beginning at the time the employee arrives at work.  All time worked during such callback shall be paid at straight time and shall be counted in the determination of overtime for FLSA purposes.

Premium callback pay.  Non-exempt full-time employees called back for emergencies to work during a window of time that is beyond one hour before or after their scheduled shift shall be paid a minimum of one full hour beginning at the time the employee arrives at work.  All time worked during such callback, until the beginning of the employee's next scheduled shift shall be paid at time and a half.  This shall be regardless of whether or not the employee is eligible for overtime under FLSA.  Time worked that has been compensated at time and a half shall not be counted to determine overtime for FLSA purposes.

Court Callback Pay

The provisions of this section shall apply when an employee is called back to work an uns­cheduled period due to a required court appearance.

Regular court callback pay

Non-exempt full-time employees called back to appear in court within one hour before their scheduled shift, shall receive regular court call-back pay until their scheduled shift begins. Those called back to appear in court within one hour after their scheduled shift ends, shall receive regular court call-back pay for a minimum of one full hour beginning at the time the employee arrives at work.  All time worked during such court callback shall be paid at straight time and shall be counted in the determination of overtime for FLSA purposes.

Premium court callback pay

Non-exempt full-time employees called back to appear in court during a window of time that is beyond one hour before or after their scheduled shift shall be paid a minimum of two full hours beginning at the time the employee arrives at work.  All time worked during such callback, until the beginning of the employee's next scheduled shift shall be paid at time and a half.  This shall be regardless of whether or not the employee is eligible for overtime under FLSA.  Time worked that has been compensated at time and a half shall not be counted to determine overtime for FLSA purposes.

On-Call Compensation

Public Works Employees

Streets Division: During non-scheduled hours, one employee from the Streets Division (winter only)­ shall carry a pager and be able to respond to the City Shops within 20 minutes if paged. This employee shall be considered on-call and shall be eligible for an on-call bonus of $30 per day on Saturdays, Sundays and holidays only. This assignment shall rotate among those employees qualified to respond. Time worked shall not include travel time to and from the job site.

Water Division: During non-scheduled hours, one employee from the Water Division shall carry a pager and be able to respond to the City Shops within 20 minutes if paged.  This employee shall be considered on-call and shall be eligible for an on-call bonus of $30 per day on Saturdays, Sundays and holidays only.  Unscheduled callbacks will be paid as regular or premium callbacks as described above.  This assignment shall rotate among those employees qualified to respond.

In addition, this employee shall be required to perform scheduled checks of the Water Division telemetry system outside of regular working hours as determined by the Public Works Director and shall be paid as follows:

  • On weekdays only, the employee shall be paid a minimum of one (1) hour for each scheduled telemetry check outside of regular working hours.  This hour shall be paid at straight time and will count as time worked for overtime purposes.
  • On Saturdays, Sundays and holidays, the employee shall be paid a  minimum of thirty (30) minutes for each scheduled telemetry check outside of regular working hours.  This half-hour shall be paid at straight time and will count as time worked for overtime purposes.

The Department Director may require employees on-call to come to their regular shift late or leave early depending on the number of scheduled telemetry checks required to minimize overtime expenditures.  Time worked does not include travel time to and from the job site.

Facilities Maintenance Employees

During non-scheduled hours, one employee from Facilities Maintenance, either full or part time, ­shall carry a phone and be able to respond to maintenance emergencies at city facilities within 20 minutes if called in for an emergency that cannot wait until the next workday.  This employee shall be considered on-call and shall be eligible for an on-call bonus of $30 per day only on days when that employee is not normally scheduled to work. This assignment shall rotate among those employees qualified to respond.  Whenever possible, employees will be on standby on days they are scheduled to work. Time worked shall not include travel time to and from the job site.

Information Technology Employees

During non-scheduled hours, one employee from the IT Division, ­shall carry a phone/pager and be able to respond to IT emergencies at City facilities within 20 minutes if called in for an emergency that cannot wait until the next workday.  This employee shall be considered on-call and shall be eligible for an on-call bonus of $30 per day only on days when that employee is not normally scheduled to work. This assignment shall rotate among those employees qualified to respond.  Whenever possible, employees will be on standby on days they are scheduled to work. Time worked shall not include travel time to and from the job site.

Police Department Employees

During any given week, there may be up to four (4) police employees on-call, one from each of the following divisions:  CSI, Detectives, K-9, and Traffic.

Police employees designated as on-call, ­shall carry a pager and be able to respond to police emergencies in Layton City within 20 minutes. 

Employees will be assigned to on-call status for a week at a time, and shall be eligible for an on-call bonus of $30 per day for the days during that week when that employee is not normally scheduled to work.  (This would usually be two days per week, but could be three depending on the shift assignment.) 

In addition, employees will be eligible for a $30 per day bonus when:

1.      An employee is assigned to be on-call while taking approved holiday comp time; or

2.      A full-time regular employee, not eligible for holiday comp, is scheduled off and is assigned to be on-call during a paid holiday.

This assignment shall rotate among those employees qualified to respond.  Time worked shall include travel time in a Layton City police vehicle to and from the job site.

Enacted, 7/22/1993
Amended, 4/5/1995
Amended, 1/1/1996
Amended, 12/9/1993, Previous Policy,
Amended, 2/12/1996, Previous Policy,
Amended, 3/28/2001, Previous Policy,
Minor EditAmended, 9/1/2004, Previous Policy 3301
Amended, 3/15/2005, Previous Policy 3301
Amended, 3/22/2005, Previous Policy 3301
Amended, 7/28/2006, Previous Policy 3301
Amended, 12/31/2006, Previous Policy 3301
Amended, 11/1/2007, Previous Policy 3301
Amended, 5/29/2014, Previous Policy 3301
Amended, 6/20/2014, Previous Policy 3301
 




 
 
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