Policy AM-205-2 Overtime Work

The provisions of the fair Labor Standards Act (FLSA) as amended in November 1985, apply to overtime compensation for City employees. Under this Act, all positions in the City service have been categorized either as “non-exempt” or “exempt”. Specific guidelines governing the manner in which employees serving in non-exempt positions must be compensated for work Performed in excess of the normal full-time work shift and/or in Excess of the normal full-time work week are established in Part II of this policy. Employee positions categorized as “exempt” may be compensated for overtime in accordance with Part III of this policy. The FLSA Codes identifying job classes as non-exempt or exempt are listed in CIVIL SERVICE CLASSES {<cite data-path="§AM-291-1">AM-291-1</cite>} and NON-CIVIL SERVICE CLASSES {<cite data-path="§AM-291-2">AM-291-2</cite>}. Non-Exempt classes are indicated by FLSA Code “F” while exempt classes are indicated by FLSA Code “X.” However, designated positions within a class may have been assigned an FLSA Code different from that which is listed for the entire class. The agency personnel officer or the classification division of the Civil Service Commission may be contacted to verify FLSA Codes. <em>Note: Uniformed police and fire personnel are subject to police and fire department overtime regulations.</em>

Each agency head and bureau head must carefully monitor the funds which have been budgeted for overtime. If it appears that a program will exceed such budgeted funds, the agency head must submit a MEMO (28-1418-5007) to the Chief, Bureau of the Budget and Management Research, requesting a reallocation of funds within the total amount budgeted for salaries and wages. A copy of the MEMO must also be forwarded to the Overtime Committee, Mayor’s Office, City Hall. The request for reallocation of funds must include a detailed explanation of the conditions under which the use of funds for overtime was authorized and a justification of the need for additional funds. The Chief, Bureau of the Budget of the Budget and Management Research, will review the request and approve or disapprove the reallocation of funds. In addition, he may initiate action to have a study made to determine alternative means of accomplishing the necessary work.

<table> <thead> <tr> <th>Representation Code*</th> <th>Work Shift</th> </tr> </thead> <tbody> <tr> <td>1,U,M</td> <td>The work shift consists of an 8 hour day which includes a 40 minute lunch period.</td> </tr> <tr> <td>4,5,6,7,9</td> <td>The work shift consists of a7 1/3 hour work day plus an unpaid 40 minute lunch period</td> </tr> </tbody> </table> *See Key on page5.

The normal full-time work week consists of 5 consecutive Work days in a 7 day period excluding Saturday and Sunday. However, in operations where an employee is normally scheduled to work on Saturday and/or Sunday, the normal full-time work period will consist of 10 work days in a 14 day period.

An agency head may authorize overtime work in accordance with parts II and III of this policy only under the following conditions: <ul> <li>To deal with emergency situations. For purposes of this policy, an emergency situation is defined as any condition which endangers, safety, life or property or threatens the breakdown of vital services to the public.</li> <li>To perform duties which can only be accomplished outside an employee’s regularly scheduled workday.</li> <li>To accomplish essential work within a prescribed time when a deadline cannot be altered.</li> <li>To maintain essential operations.</li> </ul> Employees cannot be required to perform overtime work except in an emergency situation. Every case of refusal, however, must be recorded and the number of hours declined specified.

The performance of overtime work by a City representative while attending a conference, convention, or seminar either out-of-town {<cite data-path="§AM-240-1">AM-240-1</cite>} or within City limits {<cite data-path="§AM-240-7">AM-240-7</cite>} must be specifically authorized by the Board of Estimates prior to the event. If conditions require that a TRAVEL REQUEST (28-1418-5016) {<cite data-path="§AM-240-1-1">AM-240-1-1</cite>} be submitted to the Board of Estimates, the request for overtime authorization must be included in this form; otherwise, the request must be submitted to the Board of Estimates on a City MEMO (28-1418-5007) in accordance with <cite data-path="§AM-101-1">AM-101-1</cite>. A non-exempt employee who works approved overtime while in a travel status must be compensated in accordance with FLSA provisions.

No employee will lose pay due to a shortening of his actual hours of work caused by the changing of clocks for the observance of Eastern Daylight Savings Time. Any employee whose actual hours of work are extended due to the changing of clocks for the return of Eastern Standard Time will be compensated for all work in excess of 8 hours.

A permanent full-time employee or a permanent part-time employee who: <ul> <li>has completed the normal full-time work shift and has been called back to work after leaving with the expectation that he would <u>not</u> be required to work during his normal time off,</li> </ul> OR <ul> <li>has completed the normal full-time work week and has been called back to work after leaving with the expectation that he would not be required to work during his normal time off,</li> </ul> will receive compensation for a minimum of 4 hours. Non-exempt employees may elect to receive monetary payment or compensatory leave in an amount equal to 1 ½ times the total hours of callback work recorded. Exempt employees will receive compensatory leave in an amount equal to the total hours of call-back work recorded. The hours recorded as call-back work shall not be counted as time worked for overtime purposes. <strong> <u>Exception</u> </strong> An employee called back to work additional hours consecutively annexed to either end or both ends of his regular work shift cannot receive call-back compensation. However, he can receive overtime compensation for such work if he meets all eligibility requirements for overtime compensation. No provisions of this policy shall be constructed as to mean compounding of overtime.

The following codes indicate which, if any, labor union represents employees in a particular job class. <ul> <li>1 – AFSCME, Local 44.</li> <li>2 – Elected Officials</li> <li>3 – Appointed Officials subject to the provisions of Article VI, Section 3 (a) of <cite data-doc="City of Baltimore, Md., Charter">the Baltimore City Charter</cite>.</li> <li>4 – CMEA.</li> <li>5 – AFSCME, Local 558.</li> <li>6 – Managerial and Professional Society.</li> <li>7 – Unrepresented (designated benefits – Salary Schedule A).</li> <li>8 – Sworn Fire and Police Personnel.</li> <li>9 – Unrepresented (Managerial and Professional Society).</li> <li>M – Unrepresented (designated benefits – Salary Schedule B).</li> <li>N – No representative/no benefits.</li> <li>U – City Union of Baltimore.</li> </ul>

In addition to the general guidelines stated in Part I of this policy, compensation for overtime work performed by an employee serving in a position categorized as “non-exempt” as listed in CIVIL SERVICE CALSSES {<cite data-path="§AM-291-1">AM-291-1</cite>} and NON-CIVIL SERVICE CLASSES {<cite data-path="§AM-291-2">AM-291-2</cite>} must be in accordance with the provisions outlined in the following sections. Overtime work results when an employee’s immediate supervisor has approved work beyond the normal work day as determined by the representation status of the class; or, approved work performed by the employee on an unscheduled work day.

Central Payroll will routinely process all overtime as posted by the agency payroll clerk. To keep agency expenditures within budgetary programming, each agency’s monthly expenditures for overtime will be monitored to ascertain that the monthly expenditure does not exceed 1/12 of the agency’s annual appropriation. The Overtime Committee will review other reports gleaned From Payroll and Integrated Financial Systems (IFS) data to review overtime spending; particularly as it applies to program, Program activity, individual employee(s), budgeted positions, etc. The Overtime Committee will advise the Mayor directly of those agencies which, in their opinion, are not positively responding to the Mayor’s directives to reduce and otherwise control overtime spending.

Overtime is recorded and compensation granted in 6 minute increments after an initial 12 minutes of overtime has been worked beyond the normal work shift and/or work week. All paid leave used within a pay period, i.e., vacation leave, compensatory leave, etc. is counted as time worked in determining eligibility for overtime compensation.

<table> <thead> <tr> <th>Representation Code*</th> <th>Work Shift</th> </tr> </thead> <tbody> <tr> <td>1 , U, M</td> <td>The work shift consists of an 8 hour day which includes a 40 minute lunch period.</td> </tr> <tr> <td>4 ,5 ,6 ,7 ,9</td> <td>The work shift consists of a 7 1/3 hour work day plus an unpaid 40 minute lunch period.</td> </tr> </tbody> </table> *See Key on page 5.

The normal full-time work week consist of 5 consecutive work days in a 7 day period excluding Saturday and Sunday. However, in operations where an employee is normally scheduled to work on Saturday and/or Sunday, the normal full-time work period will consist of 10 work days in a 14 day period.

Overtime compensation for non-exempt classes is determined by the appropriate union code for the class as contained in CIVIL SERVICE CLASSES (<cite data-path="§AM-291-1">AM-291-1</cite>) and NON-CIVIL SERVICE CLASSES (<cite data-path="§AM-291-2">AM-291-2</cite>). The rate is calculated as follows: <table class="layout-table"> <thead> <tr> <th>Representation Code</th> <th>FLSA Code</th> <th>Conditions</th> <th>Compensation</th> </tr> </thead> <tbody> <tr> <td rowspan="4">4, 6, 7, 9<br/><br/>1, U, M<br/><br/>1, 4, 6, 7, 9, U, M <br/><br/>1, U, M<br/><br/>1, U, M</td> <td rowspan="5">F<br/><br/>F<br/><br/>F<br/><br/>F<br/><br/>F</td> <td rowspan="5">"Time worked in excess<br/>of 36 2/3 but less than<br/>or equal to 40 hours<br/>during the normal full<br/>time work week"<br/><br/>"Time worked in excess of<br/>8 hours during a normal<br/>full-time work shift."<br/><br/>"Time worked in excess of<br/>40 hours during the normal<br/>full-time work week."<br/><br/>"Time worked on the 6th<br/>consecutive work day in<br/>an operation where the <br/>normal work week is 5<br/>days in a 7 day period."<br/><br/>"Time worked in excess of<br/>80 hours on the 11th and<br/>12th consecutive work days<br/>in an operation where is 10 days<br/>in a 14 day period."</td> <td rowspan="2">Monetary payment in<br/>an amount equal to<br/>the employee’s<br/>normal hourly rate.<br/><br/>Employees may elect<br/>to receive either<br/>Monetary payment or<br/>compensatory leave<br/>in an amount equal<br/>to 1 ½ time the <br/>Overtime hours<br/>worked.</td> </tr> <tr> <td></td> </tr> <tr> <td></td> </tr> <tr> <td></td> </tr> <tr> <td></td> </tr> <tr> <td rowspan="3">4, 6, 7, 9<br/><br/>1, U, M<br/><br/>4, 6, 7, 9</td> <td rowspan="3">F<br/><br/>F<br/><br/>F</td> <td rowspan="4">"Time worked in excess of<br/>47 1/3 hours on the 7th<br/>consecutive work day in<br/>an operation where the<br/>work week is 5 days in<br/>a 7 day period."<br/><br/>"Time worked in excess of<br/>48 hours on the 7th con-<br/>secutive work day in an<br/>operation where the work<br/>week is 5 days in a 7 day<br/>period."<br/><br/>"Time worked in excess of<br/>91 2/3 hours on the 13th<br/> And 14th work days in an <br/>operation where the nor-<br/>mal work week is 10 days<br/>in a 14 day period."<br/><br/>"Time worked in excess of<br/>96 hours on the 13th and<br/>14th work days in an opera-<br/>tion where the normal work<br/>week is 10 days in a 14<br/>day operation."</td> <td rowspan="4">Employees may elect<br/>to receive either <br/>monetary payment or<br/>compensatory leave<br/>in an amount equal<br/>To 2 times the over-time hours worked.</td> <td></td> </tr> <tr> <td></td> </tr> <tr> <td></td> </tr> <tr> <td></td> </tr> </tbody> </table>

The maximum amount of compensatory leave that a non-exempt employee may accumulate is 240 hours. Non-exempt employees must receive monetary payment for overtime worked if their compensatory leave balance has reached the 240 hour limit.

A non-exempt employee who works in an approved out-of title status which may indicate a different FLSA category will retain a non-exempt status for purposes of overtime compensation.

A non-exempt employee who works approved overtime while in a travel status must be compensated in accordance with FLSA provisions.

A non-exempt employee who permanently moves to an exempt position will be paid for all accumulated compensatory leave which is unused as of the date of movement.

A non-exempt employee will receive full payment for all accumulated compensatory leave which is unused as of the date of separation provided that the employee is not indebted to the City.

The following codes indicate which, if any, labor union represents employees in a particular job class. <ul> <li>1 - AFSCME, Local 44.</li> <li>2 - Elected Officials.</li> <li>3 - Appointed Officials subject to the provisions of ARTICLE VI, Section 3 (a) of <cite data-doc="City of Baltimore, Md., Charter">the Baltimore City Charter</cite>.</li> <li>4 - CMEA.</li> <li>5 - AFSCME, Local 558.</li> <li>6 - Managerial and Professional Society.</li> <li>7 - Unrepresented (designed benefits – Salary Schedule A).</li> <li>8 - Sworn Fire and Police Personnel.</li> <li>9 - Unrepresented (Managerial and Professional Society).</li> <li>M - Unrepresented (designated benefits – Salary Schedule B).</li> <li>N - No representative/no benefits.</li> <li>U - City Union of Baltimore.</li> </ul>

Compensation for overtime work performed by employees serving in positions categorized as “exempt” as listed in Civil Service Classes {<cite data-path="§AM-291-2">AM-291-2</cite>} may be in conformity with the provisions outlined in the following sections. Overtime work results when an employee’s immediate supervisor has approved work beyond the normal work day as determined by the representation status of the class; or, approved work performed by the employee on an unscheduled work day.

Compensation for overtime work may be granted after a minimum of 1 hour of overtime work has been performed. Overtime work is recorded and compensation granted in 6 minute increments to the first hour of overtime worked.

Employees will receive compensatory leave in an amount equal to the overtime recorded.

An accumulation not exceeding 400 hours of compensatory leave is authorized for employees serving in exempt positions.

An exempt employee who fills a non-exempt position, while in an approved out-of-title status, will be treated as a non-exempt employee for purposes of overtime compensation. (See Part II of this policy.)

When an employee serving in an exempt class permanently moves to a non-exempt position, the employee’s compensatory leave balances will be converted to sick leave.

Exempt employees cannot use compensatory leave on the date of separation and/or 4 work days immediately preceding the date of separation. Exempt employees will not receive payment for any compensatory leave which is unused as of the date of separation.