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ORD 33928 - Amend chapter 23 of municipal code re work hours, overtime pay, and disciplinary suspensions \\\ T f �0/4MiA.^'Fe RECEIVED Personnel Department '4*-., �,s� Omaha/Douglas Civic Center ��;�ti_ �R��' 1819 Farnam Street,Suite506 `1 t, N Omaha,Nebraska 68183-0506 �7,,. riC it � 96 JUL -5 P I= o, „ ���, 2$ (402)444-5300 teo ro FAX(402)444-5314 oA'�ED FaBR°r4� C j T Y C K Michele M.Frost City of Omaha 4MQHQ N .� RA.S4 Director Hal Daub,Mayor July 16, 1996 Honorable President 1 and Members of the City Council, The attached Ordinance is submitted for your approval. The Ordinance amends various sections of the Municipal Code pertaining to work hours, overtime pay, and suspension of city employees. These amendments are recommended by the Fair Labor Standards Act Compliance Committee to make the Code more consistent with the City's obligations under the FLSA. Terminology is changed to match that of the FLSA; corrections are made to comply with the federal law's requirements or take advantage of the law's allowances; outdated provisions are removed; and clarification is added. In particular, the following changes are made: Section 23-251 • Terminology is changed to be consistent with federal law. Provisions conflicting with collective bargaining agreements are deleted. The Personnel Director is expressly authorized to determine exemptions from overtime pay requirements. Section 23-252 • Terminology is changed to clarify current practices. Section 23-253 • Terminology is changed to be consistent with federal law and current practice. Compensatory time is authorized for employees not subject to a collective bargaining agreement so the City can take greater advantage of compensatory time instead of cash overtime payments. Provisions conflicting with collective bargaining agreements are deleted. Section 23-254 • Terminology is changed to be consistent with federal law and current practice. Section 23-255 • Terminology is clarified. Section 23-256 • The section is no longer applicable. The subject matter is covered in other sections. t. 0J • 1 1 Honorable President and Members of the City Council Page 2 Section 23-257 • Terminology is changed to be consistent with federal law and current practice. Section 23-258 • The section is deleted and the subject matter is covered in other sections. Section 23-259 • Terminology is changed to be consistent with current practice. Section 23-294 • The length of time an employee who is exempt from overtime pay may be suspended without pay is limited to one work week. This change responds to an argument that has been accepted by some courts which have held that a suspension of shorter duration causes the overtime exemption to be lost. A detailed employee policy addressing these issues has been drafted and approved by the Personnel Board and the Personnel Board unanimously approved these Code amendments. The FLSA Compliance Committee has met with several Councilmembers to discuss that policy and these Code amendments and is available to answer any questions you may have about the policy or the ordinance. Your favorable consideration of this Ordinance is requested. Re pectfully submitted, Referred to City Council for Consideration: is ele M. Frost Personne Director M or's Office/Title P:\LAW\4450.SKZ • �� �� Roe. . /Pose o 7/ /10. ORDINANCE NO. 9 2T 1 AN ORDINANCE to amend Sections 23-251 through 23-259 and Section 23-294 of the Omaha 2 Municipal Code pertaining to city employees' work hours, overtime pay, and disciplinary 3 suspensions;to make changes in accordance with the Fair Labor Standards Act;to repeal the 4 sections as heretofore existing; and to provide the effective date hereof. 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: 6 Section 1. That Section 23-251 of the Omaha Municipal Code is amended to read as follows: 7 Section 23-251. Hours of work. 8 (a) Eight(8)hours shall normally constitute a day's work and five(5) calendar days shall 9 normally constitute a week's work for all municipal employees;except: 10 (1) , 11 Employees exempt according to the Fair Labor Standards Act definitions of 12 executive, administrative, or professional as determined by the personnel 13 director • 14 (2) ' 15 ,Employees engaged 16 in law enforcement and fire protection activities for whom a different work 17 period has been adopted pursuant to the Fair Labor Standards Act., 18 (3) 19 Employees at a golf course, swimming pool, or other city • 20 recreational establishment designated by the personnel director as exempt 21 according to the Fair labor Standards Act, and 22 (4) Employees who are furnished living quarters on city property. 23 b.). Notwithstanding paragraph(a)above pry forty(40)hours in a consecutive 24 seven (7) day period shall constitute a week's work for employees whose duties 25 require their presence at work 26 27 less than five (5)days per week other than on a schedule of eight(8) hours per day 28 for five (5) consecutive days. • ORDINANCE NO. 2 j 902 f PAGE 2 1 2 , 3 , 4 , 5 except in cases of extraordinary conflagrations. 6The-above-Prervisiefts4or-eiglit-egHtottrs-per-darantl-ftve-(4)-daYs-ret-weekrte 7 ' 8 9 fire chief_ abov, 10 c) For civilian,police, and fire positions in pay ranges 15MC, 15AEC, 1 MP, and 1 MP, 11 which are exempt according to the Fair Labor Standards as determined by the 12 personnel director professional, , the 13 normal work week of forty(40)hours or in the case of fire suppression management 14 personnel fifty-six(56)hours generally applies; but the compensation is intended to 15 be appropriate for the class regardless of variation in the time that may be required 16 to satisfactorily fulfill the responsibilities of the position in each class. If an 17 employee covered by this paragraph is not required by the department head to work 18 less than a normal work day or part thereof,the employee shall nevertheless receive 19 neither regular compensation without deduction. Absences for less than a work day 20 shall be documented by submission and approval of a "request for leave" form, 21 however, any approved absences less than a work day shall not be deducted from 22 accrued paid leave time. 23 Granting or denying leave time pursuant to this paragraph shall be based upon the 24 department head's discretion which shall take into account reasons based on sound 25 business considerations and may include the quantity and quality of the employee's 26 performance.Each department head may establish the a policy for approved leave for 27 short term absences which are is not inconsistent with this ordinance and the exempt 28 status of the employees subject to this paragraph. 29 Section 2. That Section 23-252 of the Omaha Municipal Code is amended to read as follows: • 30 Section 23-252. Overtime provisions-Generally. 31 In emergeneiesT a A department head may prescribe reasonable periods of overtime work to 32 meet operational needs. Such overtime shall be reported separately on the time records and 33 the payrolls of the department. In no case will overtime work be allowed without the 34 approval of the department head concerned. 35 Section 3. That Section 23-253 of the Omaha Municipal Code is amended to read as follows: • • • ORDINANCE NO. 2 39..2 PAGE 3 1 Section 23-253. Same-Procedures. 2 Overtime worked by municipal employees shall be compensated by pay or compensatory 3 time off in accordance with the provisions of pertinent collective bargaining agreements,the 4 federal Fair Labor Standards Act and the following procedures: 5 Civilian personnel: Work by an employee in excess of eight(8)hours in any work day shall 6 be compensated at the rate of one and one-half times (1 '/z) the regular rate of pay for the 7 number of hours of overtime worked except employees exempt according to the Fair Labor 8 Standards as determined by the personnel director. Work performed in excess of forty (40) 9 hours per week shall be compensated at the rate of time and one-half for the number of hours 10 of overtime worked, , 11 , except 12 employees exempt according to the Fair Labor Standards Act as determined by the personnel 13 director 14 eementation. Holiday,funeral and vacation annual leave shall be counted as days worked 15 only in computing overtime pursuant to this ordinance. 16 Non-Exempt Functional, AEC and Full-time Unclassified personnel: An employee shall 17 have the option of accruing compensatory leave time at a rate of one and one-half(1 ''/z1 18 times the actual hours worked in lieu of the payment of overtime. Employees may accrue 19 a maximum of one hundred twenty (120)hours of compensatory time. The compensatory 20 time off shall be taken at a time mutually agreed upon by the employee and his/her 21 supervisor,but must be taken within three months after the end of the calendar year in which 22 it is earned: compensatory time remaining at the end of this period shall be paid for in cash. 23 However, the employee retains the right to cash out his or her compensatory time at any 24 time. It is understood that the usage of compensatory time is to be requested just like annual 25 leave and may be denied as any other annual leave consistent with the FLSA. 26 27 Any overtime,court pay or call-in pay is eligible to be accrued as compensatory.time by the 28 employee. Any hours earned at straight time shall be placed in the employee's 29 compensatory.time bank at straight time;any hours earned at overtime rates shall be placed 30 in the employee's compensatory. time bank at time and one-half. • 31 32 (b) Police management personnel: 33 34 35 , 36 wcck. Members of the polices department in pay range (1MP) and above shall 37 receive time and one-half for those hours worked in excess of eight(8)hours per day or forty 38 (40)hours per work"—week seven(7) calendar days only when permission for such overtime 39 work has been requested and approved by the police chief prior to the performance of such ORDINANCE NO. 3 ,2! PAGE 4 1 overtime work. 2 f ive (5)-ealendar days to constitute a week's work shall be 3 4 5 , 6 , 7 8 9 10 11 12 13 14 of-eltity7 15 Firefighting personnel: Uniform members of the fire division department shall not receive 16 overtime compensation except in cases of extraordinary conflagrations involving multiple 17 alarms, during such emergencies firefighting personnel who are called in when off duty or 18 held over beyond the end of their normal shift,shall be compensated by pay or compensatory 19 time off at the rate of two (2) times the number of hours so worked or one full shift, 20 whichever is greater. This provision shall not apply to fire officers with the rank or 21 equivalent rank of battalion fire chief and above. 22 Functional personnel: A functional- employee shall have the option of accruing 23 24 25 26 , 27 , 28 , 29 30 31 32 , . 33 ' 34the-emPierels 35 . ection 4. That Section 23-254 of the Omaha Municipal Code is amended to read as follows: 36 S p ORDINANCE NO. 392j PAGE 5 • 1 Section 23-254. Same- Call-in time. 2 Civilian employees of the classified service called in to work when off duty shall be 3 compensated for the actual hours worked at time and one-half, or a minimum of four (4) 4 hours at straight time pay,whichever is greater; provided,however,that employees exempt 5 from—overtime according to the Fair Labor Standards Act 6 , 7 , as determined by the personnel director 8 shall be exempt from the provisions of this section. Compensation for call-ins shall be 9 limited in all cases to two (2)call-ins per shift. 10 Section 5. That Section 23-255 of the Omaha Municipal Code is amended to read as follows: 11 Section 23-255. Same - Show-up time. 12 In cases where no work is available because of inclement weather, or for other reasons, a 13 civilian employee of the classified service who receives no notice of such unavailability and, 14 through no fault of such employee's, ewn reports for work, shall be compensated for a 15 minimum of two (2)hours. 16 Section 6. That Section 23-256 of the Omaha Municipal Code is repealed. 17. Scc. 23-256. Samc-Limitation on cash payment. 18 , 19 20 21 22 ' 23 24 25 26 Section 7. That Section 23-257 of the Omaha Municipal Code is amended to read as follows: 27 Section 23-257. Same - Holiday work. 28 Aft regular employee required to work on a prescribed holiday shall be compensated therefor 29 by payment on the basis of one and one-half(1 1/2)times his or her regular rate in addition 30 to his or her regular rate for the hours worked on such holiday. The provisions of this section • ORDINANCE NO. �Jo2Y PAGE 6 1 providing for holiday pay shall not be applicable to stupervisery employees exempt according 2 to the Fair Labor Standards Act as determined by the personnel director. 3 , 4 5 For the 6 purpose of standardizing the computation of holiday pay in an equitable manner under this 7 section, a duty shift shall be interpreted to mean one-fifth of the normal work week. 8 Section 8. That Section 23-258 of the Omaha Municipal Code is repealed. 9 10 11 12 Section 9. That Section 23-259 of the Omaha Municipal Code is amended to read as follows: 13 Section 23-259. Working out of class-Functional employees. 14 Where an employee wile holdings a functional pesitien classification(Class EE)including 15 provisional appointments,works in a classification higher than that to which he/she has been 16 appointed he/she shall be compensated at the rate of pay provided for such higher 17 classification. Working out of class pay pursuant to this section is contingent upon the 18 employee's being assigned and performing the duties of the higher classification for more 19 than twenty-four (24) consecutive hours. Pay for such higher classification work shall 20 commence on the twenty-fifth work hour performed in such higher classification and shall 21 continue as long as the employee is performing the duties and functions of the higher 22 classification. 23 Section 10. That Section 23-294 of the Omaha Municipal Code is amended to read as 24 follows: 25 Section 23-294. Suspension. • 26 A department head may suspend any employee without pay for cause for a period or periods 27 not exceeding sixty (60) calendar days in any twelve (12) months, however, no single 28 suspension shall be for more than thirty (30) calendar days: provided, however, that an 29 employee holding a position that is exempt according to the Fair Labor Standards Act shall 30 not be suspended without pay for any period less than the employee's work week. The 31 department head shall notify the employee concerned and the personnel director in writing li ORDINANCE NO. 9c;Z PAGE 7 1 not later than one day after the date the suspension is made effective. Such notice shall 2 include the reasons for and the duration of the suspension. 3 Section 11. Sections 23-251 through 23-259 and Section 23-294 of the Omaha Municipal 4 Code, as heretofore existing, are hereby repealed. 5 Section 12. This Ordinance shall be in full force and take effect fifteen(15) days from and 6 after its passage. INTRODUCED BY COUNCILMEMBER , .• APPROVED :Y: ZatteilAzyft PASSED eUi 3 0 1996 OR OF THE CITY OF OMAHA �6 '��7 lJ ATTEST: 22,4-42. -="1 A.64445q—I CITY CLE OF THE ITY OF OMAHA APPROV AS FORM: ASSISTANT CIT A or EY P:\L,AW\4643.SKZ DRAFT' CITY PERSONNEL POLICY TO: Mayor, City Council, City Directors and Assistants to the Mayor FROM: Michele M. Frost, Personnel Director DATE: May 31, 1996 SUBJECT: FLSA COMPLIANCE POLICY Pursuant to the Omaha CityCode, Section 23-65, the following is declared to be the Policy of the City of Omaha: It is the expressed intent of the City of Omaha to comply with the Fair Labor Standards Act. In order to accomplish this goal the following Policy is issued to guide City employees in their compliance. The attached Appendix A, incorporated herein by this reference, sets forth certain policies and procedures applicable to the Police Department. The attached Appendix B, incorporated herein by this reference, sets forth procedures to audit and monitor compliance with the Policy. All other previously issued policies regarding FLSA practices are revoked by this Policy. Nothing contained in this Policy is intended to change or affect any rights employees may have under applicable labor agreements, nor is this Policy intended to define or determine hours worked for contract purposes. FLSA Compliance Policy Page 2 TABLE OF CONTENTS Definitions 3 Compliance With FLSA 4 Exempt/Non-Exempt 4 Work Week; Work Period 4 Hours Worked 4 General 4 Reporting Hours Worked 5 Present at Work Station 5 Meal Period 6 Volunteers 6 Subpoenas 6 Doctor Appointments 6 Outside Agency Requirements 6 On Call 7 Phone Calls; Pagers 7 Overtime 7 Comp Time 8 Union Contract 8 Other Employees 8 Administration 8 Record Keeping 9 Training 9 Travel Time 10 Drug Testing 11 City Owned Vehicles and Other Property 11 Discipline of Exempt Employees 11 Adjusted Work Schedule 12 Outside Employment 12 Audit 12 FLSA Compliance Committee 12 . FLSA Compliance Policy Page 3 DEFINITIONS For the purposes of this Policy, the following definitions shall be applicable: • "Assigned Work Hours" means the time and days which an employee regularly works or for which an employee has received supervisory approval to work. • "Compensatory Time", or "Comp. Time" shall be interchangeable terms which mean time earned and accrued by an employee in lieu of immediate cash payment required by the FLSA overtime provisions. • "Exempt Employee" means an employee exempt from the maximum hour provisions of the FLSA, including any employee engaged in a bona fide executive, administrative, or professional capacity within the meaning of the FLSA and Chapter 29, Part 541, of the Code of Federal Regulations, as amended. • "FLSA" means the Fair Labor Standard Act of 1938, codified as 29 U.S.C. § 201 et seq., and all amendments thereto. • "Hours Worked" has the same meaning in this Policy as it does in the FLSA and Chapter 29, Part 785, of the Code of Federal Regulations, as amended. In general, this will mean time spent by an employee doing something for the City when the work is controlled, required, or permitted by the City, and generally shall not include, without limitation, annual, sick, birthday, Injured on Duty, Workers Compensation, military, funeral, jury duty, election duty, union and holiday leave; leave without pay; Comp. Time used or any other time the employee is not actually working, such as hours compensated for under a union contract that are not actually worked. • "Non-exempt Employee" shall mean an employee subject to the maximum hour provisions of the FLSA. • "Regular Rate of Pay" shall have the same meaning as the term is used in Chapter 29, Part 778, of the Code of Federal Regulations, as amended. In general, this is the hourly rate actually paid the employee for the usual non-overtime work week or work period, plus other payments to the employee which are included by the FLSA in overtime compensation. (See, Appendix A for Police) • "This Policy" means the policies outlined herein and any other policies issued hereafter related to the FLSA. FLSA Compliance Policy Page 4 COMPLIANCE WITH FLSA • It is the policy of the City of Omaha to comply with the applicable provisions of the FLSA. • It also is the policy of the City of Omaha to comply with state and federal child labor laws. • Employees who engage in practices in violation of this Policy may be subject to disciplinary action, up to and including termination. • The Personnel Department, in cooperation with the Law and Finance Departments shall train supervisors about this Policy and the requirements of the FLSA . Employees are required to familiarize themselves with this Policy. • Supervisors are required to monitor compliance with this Policy. • Employees are required to immediately report to their supervisors any circumstances giving rise to a possible violation of this Policy. Supervisors shall promptly transmit such reports to the Personnel Director for investigation. EXEMPT/NON-EXEMPT • The Personnel Department shall classify employees as Exempt or Non- exempt pursuant to the requirements of the FLSA and shall review such positions on an ongoing basis. WORK WEEK; WORK PERIOD • Seven (7) calendar days (Sunday to Saturday) shall constitute a "work week" for employees in civilian classifications. • Twenty eight (28) calendar days shall constitute the "work period" for "fire protection" and "law enforcement" personnel as defined by Section 207 (k) of the FLSA. HOURS WORKED General • Non-exempt Employees shall not, without the prior approval of their supervisor, engage in work (either at the work site or away from the work site) for the primary benefit of the City at any time other than during their Assigned work Hours, except in an emergency. Employees are not permitted to unilaterally extend their assigned work hours. FLSA Compliance Policy Page 5 Reporting Hours Worked • Any activity performed outside of a Non-exempt Employee's Assigned Work Hours which the Non-exempt Employee believes constitutes Work Hours must be reported to the employee's supervisor by the end of the next shift after the activity is performed. • Time Worked of less than 8 minutes shall be considered "de minimus" and shall not be considered Hours Worked nor should such time be reported on approved Time and Attendance Reports. • Timekeepers shall keep track of Hours Worked in excess of 8 minutes to the nearest minute. Such time shall be recorded on approved Time and Attendance Forms to the nearest quarter (.25) hour. At such time as Time and Attendance Forms are fully computerized, Time Worked in excess of 8 minutes shall be recorded on approved Time and Attendance Forms to the nearest minute and overtime shall be computed to the nearest minute. • Supervisors are required to take the necessary steps to ensure that all reported Hours Worked are accurately recorded and paid in compliance with this Policy. • Supervisors are required to recommend such disciplinary actions as are deemed appropriate for violation of this Policy. • Employees are required to honestly and accurately record actual Hours Worked. Present at Work Station • Non-exempt Employees who are required to utilize a time clock shall not perform any work before clocking in or after clocking out. Non-exempt Employees shall not clock in earlier than five minutes prior to their Assigned Work Hours or clock out later than five minutes after their Assigned Work Hours, unless such time is pre- approved overtime. Such five-minute periods are considered "de minimus." • Non-exempt Employees who are not required to utilize a time clock shall not perform any work before their Assigned Hours or after their Assigned Work Hours. Non- exempt Employees shall not be at their work station more than five minutes before or 5 minutes after their Assigned Work Hours, unless such work is pre-approved overtime. Such five-minute periods are considered "de minimus." FLSA Compliance Policy Page 6 Meal Period • Non-exempt Employees shall not be permitted to eat at their work station during their assigned meal period, unless such employees are compensated for such meal period under an applicable union contract (e.g., police officers). Nothing herein is intended to prohibit employees from eating or drinking at their work stations during paid periods, such as breaks. • To the extent possible, break areas shall be separate from work areas. If break areas cannot be separated from work areas, Non-exempt Employees may be permitted to be in such work areas outside of Assigned Work Hours. However, such Non-exempt Employees shall not be permitted to engage in any work during unpaid meal periods or before or after such employees' Assigned Work Hours. Supervisors are required to monitor compliance with this paragraph. Volunteers • Non-exempt Employees shall not volunteer (agree to perform the work without pay) to perform work for the City (or for another employer at a City owned or operated facility) that involves the same or similar duties as the employee's regular duties. Subpoenas • For FLSA purposes; time spent responding to subpoenas for court proceedings which are issued by anyone other than a representative of the City shall not be considered Hours Worked, unless specifically authorized by the Department. Doctor Appointments • Doctor appointments attended by employees with Workers Compensation or Injured on Duty claims outside of Assigned Work Hours shall not be considered Hours Worked. Personal appointments with a health care provider either within or outside of Assigned Work Hours are not considered Hours Worked. Any time a Non-exempt Employee is directed by his or her supervisor to see any health care provider for any purpose, such time shall be considered Hours Worked. Outside Agency Requirements • Time spent to comply with requirements by other outside agencies (e.g., OSHA, FAA) shall not be considered Hours Worked, even if such requirements are mandatory to maintain City employment status. FLSA Compliance Policy Page 7 On Call • Being "on call" in and of itself, shall not be considered Hours Worked. Phone Calls; Pagers • Non-exempt Employees shall not be contacted by telephone or otherwise for work related purposes outside of Assigned Work Hours, except in an emergency or as directed by an employee's supervisor. • Any work related off-duty telephone calls of 8 minutes or more, or a series of related calls totaling 8 minutes or more within the 24 hours period (0001 through 2400), engaged in by Non-exempt Employees are required to be reported to the employee's supervisor by the end of the next shift after the phone call. Such telephone calls will be reviewed to determine whether the call is considered Hours Worked as outlined herein or under the applicable union contract. • Carrying of a cellular phone, portable radio, beeper or similar pager outside of Assigned Work Hours shall not constitute Hours Worked. OVERTIME • For civilian Non-exempt.Employees, the City shall pay overtime for all Hours Worked over 40 hours in a work week. • For sworn police personnel, the City shall pay overtime for all Hours Worked over 171 hours per the 28 day work period. • For sworn fire personnel, the City shall pay overtime for all Hours Worked over 212 hours per the 28 day work period. • The City shall also comply with overtime requirements under applicable labor agreements. • Overtime pay required by the FLSA shall be paid at the rate of time and one half of the Non-exempt Employee's Regular Rate of Pay. • If a Non-exempt Employee engages in unauthorized overtime, disciplinary action may ensue, up to and including termination. Any such disciplinary action shall follow requirements of any applicable union contract and shall be based upon cause or causes listed in such contract. FLSA Compliance Policy Page 8 COMP. TIME Union Contract: Certain employees are allowed, pursuant to their union contract, to use Comp. Time in lieu of cash payment for overtime Hours Worked. Those rules generally provide: • Comp. Time shall accrue at a rate of one-and-one-half times the Hours Worked as overtime. • Employees may accrue a maximum of 120 hours of Comp. Time. • Comp. Time may be taken at a time mutually agreed upon by the employee and his/her supervisor, but must be taken within three months after the end of the calendar year in which it is earned. Comp. Time may be taken within a reasonable period after a request is made, if it does not unduly disrupt City operations. • Any Comp. Time for the prior year remaining 90 days past year end shall be paid in the usual payroll manner. • The employee retains the right to cash out his/her Comp. Time at any time. • Any specific questions with regard to the availability of interpretation of Comp. Time under union contracts should be directed to the Labor Relations Director. - Other Employees: As to Non-exempt Employees who are not a member of a collective bargaining unit, the FLSA provides that such employees may use Comp. Time in lieu of the cash payment of overtime, so long as there is an agreement between the employer and employee permitting such use. This Policy is intended to memorialize such an agreement and will affect the following employees: Administrative and Executive employees who are Non-exempt; any full-time unclassified employees who are Non-exempt. These non-bargaining unit employees shall be permitted to use Comp. Time in lieu of the payment of overtime consistent with the provisions of the union contracts identified above. Administration: • The Finance Department shall provide supervisors with approved forms (Time and Attendance Forms) to record Comp. Time accrued and used. • Supervisors are required to report and monitor Comp. Time accrued and used on such forms. The Finance Department shall administer and track Comp. Time. `, ' . FLSA Compliance Policy Page 9 • Comp. Time submitted for pay in excess of the current accrued Comp. Time balance will be adjusted by the Finance Department to a different leave type (e.g., first to annual leave if a balance exists, if not, to leave without pay). • Since it is an employee's responsibility to know his or her leave balances, including Comp Time balance, requesting any leave not accrued may be grounds for disciplinary action. RECORD KEEPING • The Finance Department and/or Personnel Department of the City of Omaha shall maintain at least the following records for each employee: • Employee's name and identification number • Home address, or last known address • Birth date of employee if under 19 years of age • Classification of employee • Work week or work period of employee • Regular Rate of Pay • Hours Worked per work week or work period • Hours Worked per day • Total earnings during_the work.week or work period,, exclusive of overtime pay • Total overtime earnings • Total addition or deductions of Hours Worked from work week or work period • Total wages paid per pay period • Date paid and pay period covered by payment • Payroll records shall be maintained for three years. Backup material to the pay records shall be maintained for two years. • Payroll records shall include computations under the applicable union contracts and the FLSA. TRAINING • Any training (e.g., seminars, classes, lectures) engaged in by Non-exempt Employees shall be considered Hours Worked if directed and approved by his/her supervisor; however, time spent by Non-exempt Employees in pre-approved training will not be considered Hours Worked if: • Time is outside of Assigned Work Hours; and, , FLSA Compliance Policy Page 10 • The course subject is unrelated to the employee's regular job (such as learning the requirement of a new or higher rated job); and, • Attendance is truly voluntary; and, • No production work is performed • Voluntary attendance by a Non-exempt Employee at programs of instruction offered by bona fide institutions of higher learning (or programs of instruction offered by the City which correspond to courses offered by bona fide institutions of higher learning) outside of an employees' Assigned Work Hours, shall not be considered Hours Worked even if these courses are directly related to an employee's job or paid for by the City. • Trainingto obtain or maintain a license, or for refresher courses, engaged in a by Non-exempt Employee outside of an employee's Assigned Work Hours shall not be considered Hours Worked. • Any other time spent outside the classroom, lecture or seminar, such as study time, group discussions and social events, shall not be considered Hours Worked, unless pre-approved by the employee's supervisor. TRAVEL TIME In general: • Any travel time on a work-related trip which occurs during a Non-exempt Employee's Assigned Work Hours is Hours Worked. • Meal time occurring during any travel time on a work-related trip is not Hours Worked unless such time is compensated pursuant to the applicable union contract. • Any work actually performed by a Non-exempt Employee for the benefit of, and at the direction of, the City during any travel time is Hours Worked. Particularly: Travel time INSIDE the Omaha metropolitan area ... • From job site to job site, when required as part of the Non-exempt Employee's principal work activity is Hours Worked. • To commute to and from work is not Hours Worked. s • FLSA Compliance Policy Page 11 • Between a Non-exempt Employee's home and an airport or other public conveyance terminal so that the employee may travel on such public conveyance for work-related purposes is not Hours Worked. Travel time OUTSIDE the Omaha metropolitan area ... • On a work-related trip lasting one day or less on any public conveyance or in a private automobile is Hours Worked. • On any public conveyance on a work-related trip which involves an overnight stay is not Hours Worked. • In an automobile on a work-related trip which involves an overnight stay is Hours Worked if the Non-exempt Employee drives the automobile at the City's request; such time is not Hours Worked if the Non-exempt Employee is a passenger in such automobile. • If the City offers public transportation for such trip and the Non-exempt Employee is permitted to drive an automobile, the only time considered Hours Worked would be the time for such public transportation. DRUG TESTING • Drug and alcohol testing shall be conducted during Assigned Work Hours, except as directed by an employee's supervisor. • The time spent for City ordered drug and alcohol testing outside of Assigned Work Hours shall be considered Hours Worked. CITY OWNED VEHICLES AND OTHER PROPERTY • Non-exempt Employees are required to engage in all repair, maintenance and cleaning of City owned vehicles or other City owned property entrusted to the employee during the employee's Assigned Work Hours. Such activities outside of the Assigned Work Hours shall not be permitted, except in an emergency. DISCIPLINE OF EXEMPT EMPLOYEES • Exempt Employees shall not be subject to disciplinary action resulting in a suspension without pay for a period of less than a work week, except for safety violations of major significance. • • , FLSA Compliance Policy Page 12 ADJUSTED WORK SCHEDULE • Consistent with applicable labor agreements, supervisors may change an employee's Assigned Work Hours within a work week or work period. OUTSIDE EMPLOYMENT • Classified employees are expected to comply with procedures existing in Chapter 23 of the Omaha Municipal Code or the applicable union contract for the approval of outside employment. • Any request for approval of outside employment from classified employees will be denied if the Non-exempt Employee is proposing to work at a City facility (i.e., Rosenblatt, Auditorium, Orpheum) for another employer in the same capacity as he or she works for the City. • Non-exempt unclassified employees are not permitted to engage in any other employment at a City facility (i.e., Rosenblatt, Auditorium and Orpheum) for another employer in the same capacity as he or she works for the City. • Supervisors shall notify all outside contractors of this Policy and ensure that such outside contractors comply with this Policy. COMPLIANCE AUDIT • The Personnel, Finance, or Law Departments shall regularly conduct compliance audits or investigations to evaluate whether the City is in compliance with this Policy and/or the FLSA by reviewing payroll records, interviewing a random sample of employees and such other activities as are deemed necessary. • Any noncompliance discovered shall be documented and reported to the FLSA Compliance Committee for the implementation of appropriate policies, procedures and/or disciplinary action to rectify the situation. FLSA COMPLIANCE COMMITTEE • A FLSA Compliance Committee shall monitor, investigate and develop policies and procedures relative to FLSA practices within the City. Such committee shall be made up of representatives from Personnel, Finance, Law, Police, Fire and such other Departments as are deemed necessary to appropriately address the FLSA issues raised. •:\DIRECTOR\FLSANEW.DOC FLSA Compliance Policy Page 13 DISTRIBUTION: Lou Andersen, City Council Assistant Jim Cleary, Executive Assistant, Mayor's Office Mark Conrey, Chief, Communications Department Hal Daub, Mayor, City of Omaha Louis D'Ercole, Acting Director, Finance Department City Councilmembers Mary Galligan-Cornett, City Clerk George Davis, Acting Director, Human Relations Department Lon R. Dickerson, Director, Public Library Don Elliott, Director, Public Works Department Herb Fitle, City Attorney, Law Department Tom Graeve, Chief, Fire Department Brinker Harding, Assistant to the Mayor Jeff Johnson, Director, Planning Department Steve Kupka, Chief of Staff, Mayor's Office Joe Mangiamelli, Director, Administrative Services Department John Packett, Assistant to the Mayor Jerry Parks, Director, Parks, Recreation & Public Property Jim Skinner, Police Chief, Police Department Diane Thomas, Director Job Training of Greater Omaha :n_ 1 1 MOTION BY COUNCILMEMBER - .,,---, I hereby move that Council Document No. / Z 7 , Current Series, be amended in the • whole by substituting in lieu thereof the attached Ordinance. APPROVED T FORM: A SISTANT CITY TtO P:\LAW\4644.SKZ . 7 ORDINANCE NO. 1 AN ORDINANCE to amend Sections 23-251 through 23-259 and Section 23-294 of the Omaha 2 Municipal Code pertaining to city employees' work hours, overtime pay, and disciplinary 3 suspensions;to make changes in accordance with the Fair Labor Standards Act;to repeal the 4 sections as heretofore existing; and to provide the effective date hereof. 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: 6 Section 1. That Section 23-251 of the Omaha Municipal Code is amended to read as follows: 7 Section 23-251. Hours of work. 8 (a) Eight(8)hours shall normally constitute a day's work and five (5) calendar days shall 9 - ' normally constitute a week's work for all municipal employees;except: 10 (1) 11 Employees exempt according to the Fair Labor Standards Act definitions of 12 executive, administrative, or professional as determined by the personnel 13 director, 14 (2) Professional, supervisory or administrative employees in civilian 15 ,Employees engaged 16 in law enforcement and fire protection activities for whom a different work 17 period has been adopted pursuant to the Fair Labor Standards Act., 18 (3) 19 awl-abowd Employees at a golf course, swimming pool, or other city 20 recreational establishment designated by the personnel director as exempt 21 according to the Fair labor Standards Act, and 22 (4) Employees who are furnished living quarters on city property. 23 (121 Notwithstanding paragraph(a)above forty(40)hours in a consecutive 24 seven (7) day period shall constitute a week's work for employees whose duties 25 require their presence at work 26 27 ther than on a schedule of eight (8) hours per day 28 for five C5)consecutive days. — ORDINANCE NO. PAGE 3 1 Section 23-253. Same-Procedures. 2 Overtime worked by municipal employees shall be compensated by pay or compensatory P rY 3 time off in accordance with the provisions of pertinent collective bargaining agreements,the 4 federal Fair Labor Standards Act and the following procedures: 5 Civilian personnel: Work by an employee in excess of eight(8)hours in any work day shall 6 be compensated at the rate of one and one-half times (1 'A)the regular rate of pay for the 7 number of hours of overtime worked except employees exempt according to the Fair Labor 8 Standards as determined by the personnel director. Work performed in excess of forty (40) 9 hours per week shall be compensated at the rate of time and one-half for the number of hours 10 of overtime worked, provided that temporary or seasonal employees; profcs3ional, 11 , except 12 employees exempt according to the Fair Labor Standards Act as determined by the personnel 13 director 14 eempeesatien. Holiday,funeral and vaeatieft annual leave shall be counted as days worked 15 only in computing overtime pursuant to this ordinance. 16 Non-Exempt Functional, AEC and Full-time Unclassified personnel: An employee shall 17 have the option of accruing compensatory leave time at a rate of one and one-half(1 '/ 18 times the actual hours worked in lieu of the payment of overtime. Employees may accrue 19 a maximum of one hundred twenty (120)hours of compensatory time. The compensatory 20 time off shall be taken at a time mutually agreed upon by the employee and his/her 21 supervisor, but must be taken within three months after the end of the calendar year in which 22 it is earned: compensatory time remaining at the end of this period shall be paid for in cash. 23 However, the employee retains the right to cash out his or her compensatory time at any 24 time. It is understood that the usage of compensatory time is to be requested just like annual 25 leave and may be denied as any other annual leave consistent with the FLSA. 26 27 Any overtime. court pay or call-in pay is eligible to be accrued as compensatory. time by the 28 employee. Any hours earned at straight time shall be placed in the employee's 29 compensatory. time bank at straight time: any hours earned at overtime rates shall be placed 30 in the employee's compensatory. time bank at time and one-half. 31 32 (b) Police management personnel: 33 34 35 , 36 week. Members of the police division department in pay range (1MP) and above shall 37 receive time and one-half for those hours worked in excess of eight(8)hours per day or forty 38 (40)hours per work +eek seven(7) calendar days only when permission for such overtime 39 work has been requested and approved by the police chief prior to the performance of such I ORDINANCE NO. • PAGE 4 1 overtime work. Work performed by members of the poliee feree en the sixth day and the 2 ' 3 4 worked on such sixth and seventh days. Except that there be no-eempensatory time off 5 , 6 , • 7 excess of four (4) hours in any calendar week shall be compensated for by time off or pay 8 at the rate of straight time. All work performed on holidays recognized by the city to be a 9 10 11 duty not more than thirty G0) minutes in advance of the beginning of their tours of duty _ 12 13 14 ef-dutr 15 Firefighting personnel: Uniform members of the fire-division department shall not receive 16 overtime compensation except in cases of extraordinary conflagrations involving multiple 17 alarms, during such emergencies firefighting personnel who are called in when off duty or 18 held over beyond the end of their normal shift,shall be compensated by pay or compensatory 19 time off at the rate of two (2) times the number of hours so worked or one full shift, 20 whichever is greater. This provision shall not apply to fire officers with the rank or 21 equivalent rank of battalion fire chief and above. 22 Functional personnel: A functional employee shall have the option of accruing 23 24 in lieu of the payment of overtime. Employees may accrue a maximum of one hundred 25 26 , 27 , 28 ie inuttliag-at .-end-uf this-per , 29 30 31 other annual leave. 32 , 33 ' 34 ' 35 • 36 Section 4. That Section 23-254 of the Omaha Municipal Code is amended to read as follows: • ORDINANCE NO. • PAGE 5 1 Section 23-254. Same - Call-in time. 2 Civilian employees of the classified service called in to work when off duty shall be 3 compensated for the actual hours worked at time and one-half, or a minimum of four (4) 4 hours at straight time pay, whichever is greater;provided,however, that employees exempt 5 from overtime according to the Fair Labor Standards Act , 6 , 7 , as determined by the personnel director 8 shall be exempt from the provisions of this section. Compensation for call-ins shall be 9 limited in all cases to two (2) call-ins per shift. 10 Section 5. That Section 23-255 of the Omaha Municipal Code is amended to read as follows: 11 Section 23-255. Same - Show-up time. 12 In cases where no work is available because of inclement weather, or for other reasons, a 13 civilian employee of the classified service who receives no notice of such unavailability and, 14 through no fault of such employee even reports for work, shall be compensated for a 15 minimum of two (2) hours. 16 Section 6. That Section 23-256 of the Omaha Municipal Code is repealed. 17 Sec. 23 256. Same - Limitation on cash payment. 18 , 19 20 granted-fertite-evertinte-werke+baseel-upen4te-needs-aftel-the-hettrs-vearketl-er-br payment 21 22 23 . 24 25 • 26 Section 7. That Section 23-257 of the Omaha Municipal Code is amended to read as follows: 27 Section 23-257. Same - Holiday work. 28 An regular employee required to work on a prescribed holiday shall be compensated therefor 29 by payment on the basis of one and one-half(1 1/2)times his or her regular rate in addition 30 to his or her regular rate for the hours worked on such holiday.The provisions of this section 1• ORDINANCE NO. PAGE 6 1 providing for holiday pay shall not be applicable to supervisory employees exempt according 2 to the Fair Labor Standards Act as determined by the personnel director. Wit-pages 3 , 4 5 For the 6 purpose of standardizing the computation of holiday pay in an equitable manner under this 7 section, a duty shift shall be interpreted to mean one-fifth of the normal work week. 8 Section 8. That Section 23-258 of the Omaha Municipal Code is repealed. 9 Section 23 258. Same Accumulation of compensatory timc. _ 10 11 . 12 Section 9. That Section 23-259 of the Omaha Municipal Code is amended to read as follows: 13 Section 23-259. Working out of class-Functional employees. 14 Where an employee witty holdings a functional position classification(Class EL)including 15 provisional appointments,works in a classification higher than that to which he/she has been 16 appointed he/she shall be compensated at the rate of pay provided for such higher 17 classification. Working out of class pay pursuant to this section is contingent upon-the 18 employee's being assigned and performing the duties of the higher classification for more 19 than twenty-four (24) consecutive hours. Pay for such higher classification work shall 20 commence on the twenty-fifth work hour performed in such higher classification and shall 21 continue as long as the employee is performing the duties and functions of the higher 22 classification. 23 Section 10. That Section 23-294 of the Omaha Municipal Code is amended to read as 24 follows: 25 Section 23-294. Suspension. - 26 A department head may suspend any employee without pay for cause for a period or periods 27 not exceeding sixty (60) calendar days in any twelve (12) months, however, no single 28 suspension shall be for more than thirty (30) calendar days: provided, however, that an 29 employee holding a position that is exempt according to the Fair Labor Standards Act shall 30 not be suspended without pay for any period less than the employee's work week. The 31 department head shall notify the employee concerned and the personnel director in writing 1 , ORDINANCE NO. PAGE 7 1 not later than one day after the date the suspension is made effective. Such notice shall 2 include the reasons for and the duration of the suspension. 3 Section 11. Sections 23-251 through 23-259 and Section 23-294 of the Omaha Municipal 4 Code, as heretofore existing,are hereby repealed. 5 Section 12. This Ordinance shall be in full force and take effect fifteen(15)days from and 6 after its passage. 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