Fayette Overtime Compensation ordinance (§ 125.650)

A. This policy establishes overtime compensation for non-exempt employees of the City of Fayette. Overtime compensation for time worked in excess of forty (40) hours (except police and emergency services) within the workweek is paid at the rate of one and one-half (1.5) times the usual rate of pay. The City Administrator or Public Works Director may elect, at his or her discretion, to allow straight time off for overtime worked if this is awarded within the regular work week for which the excess time was used. An employee must meet the forty-hour plus work week (not simply exceed an eight-hour day) before being eligible for overtime compensation. The City Administrator or Public Works Director and the Board of Aldermen may elect to grant compensatory time in lieu of monetary compensation. Compensatory time cannot be accumulated beyond two hundred forty (240) hours. No salaried employee is eligible for compensatory time or overtime pay.

B. Compensatory Time Off Awarded On A One And One-Half Time Basis. When time in excess of the forty-hour workweek is earned in a workweek but is to be awarded, because of work load, at some future time, the time earned must be multiplied by a factor of one and one-half (1.5) times.

C. Overtime May Be Required. The Department Head/Superintendent is authorized to require employees to work overtime as a condition of employment if the conduct of public business is such that this is necessary for the welfare of the department. All new employees shall be so advised of this as a condition of employment.

D. Overtime Granted For Employees On Vacation Leave. If it necessary to call an employee back to duty during vacation leave, the employee shall receive compensation for the vacation day(s) worked at one and one-half (1 1/2) times their regular rate of pay. The time shall not further count as hours worked toward the regular pay week(s) in which the vacation was taken.

E. Overtime For Call Back. An eligible employee called back to duty (by a supervisor) while on regularly scheduled day off, or after more than one (1) hour has elapsed following completion of the regular tour of duty, will be authorized a minimum of two (2) hours of overtime [one and one-half (1 1/2) times their regular rate of pay] or the amount of time actually involved from the time the employee reported for duty until relieved of duty, whichever is greater.

F. Overtime. Emergency services personnel (non-civilian). Overtime compensation rules provide, through the Fair Labor Standards Act, specific regulations for personnel engaged in law enforcement activities (FLSA 553.211). Overtime compensation will be given law enforcement personnel who work more than the established ratio of one hundred seventy-one (171) hours in twenty-eight (28) consecutive days. Compensatory time will not accumulate beyond four hundred eighty (480) hours.