Agenda - Council - 11/27/2018 - Laserfiche WebLink

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8.4 Every regular EMPLOYEE shall be granted a thirty (30) minute lunch break without pay. Also, every regular EMPLOYEE, when working under conditions where a break period is practicable, shall be granted a fifteen (15) minute break period with pay in each half of the EMPLOYEE'S shift. Each department head shall schedule rest periods so as not to interfere with work requirements. 8.5 EMPLOYEES who are not exempt from the Fair Labor Standards Act (FLSA), working in excess of forty (40) hours within the work week, shall be compensated for such over -time at the rate of one and one-half (1-1/2) times the EMPLOYEES regular rate of pay in accordance to FLSA. The formula used for payment herein shall be the same regardless of operation of equipment at HEO, LEO or other rates of pay. As an alternative to compensation at premium rates for time worked in excess of forty (40) hours within the work week, the Employee may request compensatory time off in lieu of over -time pay compensatory time off to an EMPLOYEE, to be taken at a later date, which shall be computed at one and one- half (1-1/2) the time worked in excess of forty (40) hours within a work week. For the purposes of calculating overtime, an employee using paid holidays, vacation leave, sick leave, or compensatory time off is considered to be working. 8.6 Neither compensation for over -time nor accumulation of compensatory time off will be granted unless the work is performed at the direction of, or with the prior written approval of, the EMPLOYEES supervisor. 8.7 Neither compensation at over -time rates nor accumulation of compensatory time off will be paid for time not worked except as provided in this section. Time worked for the purpose of calculating over -time shall be actual time worked plus holidays recognized in Article 10, plus vacation time scheduled at least one week in advance of its use, plus sick leave, and compensatory time off. Unpaid leave shall not be counted as time worked for the purpose of calculating over -time. 8.8 When an EMPLOYEE accrues one hundred and twenty (120) hours of unused compensatory time off, further accumulation of compensatory time off is prohibited, and the EMPLOYEE shall be paid for overtime in accordance with this Article. The EMPLOYER reserves the right to payout any compensatory time off hours in excess of 80 hours, as deemed necessary by the EMPLOYER The EMPLOYER agrees to allow employees to cash out up to a maximum 40 hours of compensatory time off annually; to be paid out up to twice annually, January 1 through January 15, and November 1 through November 15 of each year, to total a maximum payout of 40 hours of compensatory time off. Note: upon terminating employment with the City, all compensatory time off will be paid out at 100% of the accrued balance. 8.9 An EMPLOYEE shall be permitted to use accrued compensatory time within a reasonable period after it is requested if to do so would not unduly disrupt the { Deleted: 7 Deleted: IS 2012 & 204 AFSCME Labor Agreement 11 J iJ