2019 - 2023 ESCMemorandum of Understanding: Article 6: Hours of Work and Overtime

Engineers & Scientists of California

Return to ESC 2019 - 2023 MOU Table of Contents

What’s on this Page

6.1 Purpose of this Article

This Article describes the parties’ agreement on matters within the scope of representation related to work schedules, work hours, and overtime. Hours specified under types of employment indicate a commitment by the County to minimum and maximum hours each employee is to be regularly scheduled, as long as there is sufficient work.

Article 6 applies to the following types of employment:

Full-Time: An allocated position which is regularly scheduled for eighty (80) hours of work in a bi-weekly pay period.
Part-Time: An allocated position which is regularly scheduled for less than eighty (80) hours of work in a bi-weekly pay period. Part-time employees shall be eligible to receive vacation, sick leave, and holiday benefits on a pro-rata basis. Usage and accrual of these benefits shall be governed by the same rules and regulations applicable to full-time employees.

6.2 Work Schedules

The County reserves the right to establish and modify work schedules.

6.3 County Work Schedules – Flex-Time and Alternative Work Schedules

6.3.1 Flex-Time Schedule

The County reserves the right to utilize a flex-time schedule. As defined in Section 2.l, an employee and the employee’s supervisor must agree to assignment to flex-time. Employees assigned to a flex-time schedule will be eligible for overtime only when the hours worked exceed eighty (80) in a pay period. The County reserves the right to discontinue the flex-time schedule and reassign an employee to a normal daily work schedule based on the operational needs of the department.

6.3.2 Alternative Work Schedules

Alternative Work Schedule is a regular schedule that is other than the standard 5/8 schedule (eight hours per day, five days per week). Examples include a 4/10 schedule (ten hours per day, four days per week) or a 9/8/1 schedule (eight, nine hour days and one eight hour day with one day off in a biweekly pay period). Pursuant to the County Alternative Work Schedule 9-8-1 Policy, such alternatives are offered to allow workable schedules for employer and employee and must not create overtime as required under any of the Articles of this agreement or as required by law.

Employees may request and department heads may utilize alternative work schedules whenever such schedules will be beneficial to the County and will not incur overtime beyond the County’s usual and customary overtime needs under the employee’s regular work schedule. Pursuant to the County Alternative Work Schedule 9-8-1 Policy, an employee and the County must agree to and complete a written agreement specifying the work week, scheduled days of the week, and hours to be regularly worked for the alternative work schedule. Employees assigned to an alternative work schedule will be eligible for overtime compensation when the employee performs any authorized work in excess of forty (40) hours in a work week. The County reserves the right to discontinue the alternative work schedule and reassign an employee to a normal daily work schedule based on the operational needs of the department.

6.3.3 Incidental Flex Time

An employee may request, and a supervisor may approve, incidental flex time in which an employee works variable work hours with corresponding flex hours off. All requests and approvals shall be in writing. Non-exempt employees must take all flex hours off within the forty (40) hour work week in which the variable hours are worked, and exempt employees must take all flex hours off within the eighty (80) hour pay period in which the variable hours are worked. Employees who participate in an incidental flex time arrangement shall waive daily overtime for the time designated as flex time worked. A supervisor cannot require the use of flex time in lieu of overtime or accrual of compensatory time.

6.4 Posting of Work Schedules

For the convenience of employees, work schedules will be posted in advance. The County may require and authorize an employee to work overtime if the overtime is essential to the continuing efficient operation of the department in which the employee works.

6.5 Changes of Work Schedule

Except in cases where emergency operations require, notice of a change in work schedule arising from other than transfer or promotion shall be given to the affected employee not less than seven (7) calendar days prior to the effective date of the schedule change.
Failure to give the seven (7) days notice to a full-time or part-time employee shall entitle the affected employee to one and one-half (1.5) times the employee’s base hourly rate for all hours actually worked on the new schedule which are at variance from the employee’s previous schedule until seven (7) calendar days notice is given.
If any full-time employee has been given seven (7) calendar days advance notice of a shift change and the shift change results in the employee doubling back to work the new shift after leaving the work site, all hours worked on the new shift within the employee’s same work day as the former shift will be paid at the employee’s base rate, not at overtime.

6.6 Employee Requested Schedule Change

Notwithstanding Section 6.7, if an employee requests in writing a change in schedule for the employee’s own convenience and the request is approved, the employee shall waive overtime resulting from the schedule change as long as the total number of hours does not exceed eighty (80) in any one pay period.

6.7 FLSA Overtime

Fair Labor Standards Act (FLSA) overtime shall be defined as hours actually worked in excess of forty (40) hours in a work week. Applying FLSA legal standards, the County shall compensate an employee for overtime at the rate of one and one-half (1.5) times the employee’s base hourly rate of pay.

6.8 Overtime – Non-Statutory – Non-Exempt Employee

Non-statutory overtime for non-exempt employees is defined as all hours worked in excess of 40 hours in paid status in a 7 day work period or in excess of 80 paid status hours in a 14-day work period; or hours worked in excess of the normal full-time daily work schedule established by the County (in excess of 8 hours for the 5/8 schedule, 9 hours for the 9/8/1 schedule, or 10 hours for the 4/10 schedule).

6.9 Overtime – Non-Statutory – Exempt Employee

Non-statutory overtime for exempt employees is defined as all hours worked in excess of 80 paid status hours in a pay period; or hours worked in excess of the normal fulltime daily work schedule established by the County on a regular work day (in excess of 8 hours for the 5/8 schedule, 9 hours for the 9/8/1 schedule, or 10 hours for the 4/10 schedule).

6.10 Overtime – Non-Statutory – Part-Time Employees

A part-time employee who works in excess of eight hours (8 hrs/5 days) or ten (10) hours (4/10) on a shift with a portion of the time worked extending past the end of the employee’s regular workday shall be entitled to overtime for all hours over eight (8) or ten (10) hours. Such overtime hours worked shall not count in the computation of overtime for non-consecutive hours worked later in the same regular workday.

6.11 Overtime Required and Authorized

The County may require or authorize an employee to work overtime if the overtime work is necessary in the judgment of the County. No employee shall work overtime unless authorized by the employee’s supervisor. Prior authorization for overtime is normally required, except in cases of urgent client service. In such cases the employee shall request supervisory approval no later than the next business day.

6.12 Overtime Pay

All overtime (FLSA overtime and non-statutory overtime) compensation shall be paid at the rate of one and one-half times (ll/2) the employee’s base hourly rate of pay for each overtime hour worked through the twelfth consecutive hour, and after the twelfth consecutive hour, overtime shall be earned at the rate of two (2) hours for each one (1) overtime hour worked.

6.13 Overtime In Cash or In Compensatory Time

All employees shall be compensated for FLSA overtime and non-statutory overtime worked either:

In cash at the rate of time and one-half (1.5) for hours worked; or
As compensatory time off at the rate of time and one-half (1.5) for hours worked.

6.14 Employee Choice

An employee who is required or authorized to work overtime shall make an irrevocable choice each time whether to be compensated in cash or compensatory time until the employee has accrued credit for a maximum of forty (40) hours of compensatory time.

6.15 County Choice

The County has the right to specify how an employee will be compensated for additional overtime when an employee has an accumulation of forty (40) hours of compensatory time up to a maximum of eighty (80) hours of compensatory time. This decision is final and not subject to grievance or appeal.

6.16 Cash Pay Only

After eighty (80) hours of compensatory time has been accumulated, the department shall compensate the employee in cash for any additional overtime worked.

6.17 Approval for Compensatory Time Off

No employee shall take compensatory time off without prior approval of the employee’s appointing authority. The appointing authority shall attempt to schedule such time off at the time agreeable to the employee. An employee shall be permitted to use accrued CTO within a reasonable period after making the request for time off, unless use of the CTO will unduly disrupt operations of the agency.

6.18 Accrued Compensatory Time – Payment at Separation

Each employee who is separated from County service shall be entitled to payment for accrued compensatory time at the employee’s base hourly rate at the time of the employee’s separation or in accordance with law.

6.19 Overtime Not Cumulative

Overtime eligibility provisions are not cumulative. An employee shall not be entitled to multiple overtime compensation even though more than one of the conditions set forth herein may apply with respect to a particular unit of time.