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31-18
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Last modified
9/17/2019 2:48:45 PM
Creation date
5/1/2018 10:44:23 AM
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Resolutions
Number
31-18
Date
2018-04-19
Description
Approving Changes to the Employee Handbook to Allow Overtime Compensation to Exempt Employees During a Proclaimed Emergency
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Attachment 1 <br /> Addition to the Personnel Rules and Regulations and Employee Classification and <br /> Compensation Plan Section 7.4 <br /> Existing wording <br /> The Town has determined that various executive, administrative and/or professional employees <br /> are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). Employees <br /> in the following job classifications are considered exempt: <br /> • City Manager <br /> • City Clerk <br /> • Administrative Services Director(Finance Director) <br /> • Planning Director <br /> • Public Works Director/City Engineer <br /> • Public Safety Officer <br /> • Barn Manager <br /> • Finance Manager <br /> Proposed additional wording <br /> Notwithstanding, in the event that the existence or threatened existence of a "local emergency" is <br /> proclaimed in accordance with Title 4, Chapter 1, section 4-1.08 of the Municipal Code, and/or a <br /> disaster or a state of emergency that affects the Town of Los Altos Hills is proclaimed by the <br /> County of Santa Clara, the State of California, or declared by the President, exempt employees <br /> shall be paid overtime for the hours that they work as official Disaster Service Workers <br /> performing functions related to emergency response activities as follows. <br /> Exempt employees shall be paid "Emergency Overtime"for each hour worked in a proclaimed/ <br /> declared emergency performing disaster response activities so long as the hour, when combined <br /> with the hours of the employee's regular work in the same work week, exceeds 40 hours. For <br /> example, if an employee actually works a total of fewer than 40 hours of combined regular work <br /> and disaster relief work in the applicable week (e.g. due to vacation or sick leave taken that same <br /> week), the employee would not be entitled to any emergency overtime. And, regardless of <br /> whether an employee worked 40, 45 or 50 hours of regular work in the same week in which the <br /> employee also worked 10 hours of disaster relief, the employee would be entitled to 10 hours of <br /> emergency overtime. The EOC Director,working with Human Resources shall strive to ensure <br /> overtime is equitably assigned to all qualified personnel. <br /> Emergency Overtime shall be paid at the straight time base hourly rate of pay. The hourly rate <br /> of pay shall be calculated by dividing the exempt employee's current monthly salary by 173.33 <br /> (straight time). <br /> This method of accounting for"Exempt Employee Disaster Overtime Pay" shall be followed in <br /> all disasters, proclaimed or declared at any level. <br /> Emergency Overtime will be paid until such time as the imminent threat to life safety,public <br /> health and/or improved property shall cease to exist. The EOC Director shall determine the <br /> Resolution 31-18 Page 2 <br />
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