2018 - 2019 SCLEAMemorandum of Understanding: Article 3: Definitions
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3.1 Non-Application
None of the following definitions are intended to apply in the administration of the County Employees’ Retirement Law of 1937 or to the County’s Civil Service Ordinance nor the Rules of the Civil Service Commission.
3.2 Definitions
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Approved Leave Of Absence:
Any paid or unpaid absence from work that has been approved by the employee’s Department Head.
Base Hourly Rate:
The base hourly rate shall be the hourly rate corresponding to the salary step in the salary range to which the employee is assigned.
Bi-Weekly Pay Period:
Fourteen (14) consecutive calendar days which begin on a Tuesday and end with the second Monday thereafter.
Break in Service:
A break in employment from the County such as a termination or resignation. A break in service does not occur because an employee is on an unpaid status.
Calendar Year:
January 1st through December 31st
Compensatory Time:
Time off with pay at the applicable hourly rate to which an employee is entitled, as provided for in this Memorandum, instead of cash compensation.
County:
The County of Sonoma, any of its organizational units or boards and commissions, as administratively determined by the County; may include Department Heads, Board of Supervisors, Chief Administrative Officer or a supervisor.
Department Head:
The Chief Probation Officer, District Attorney, Sheriff Coroner, Director of Human Services, Director of Fire/Emergency Services, Director of Regional Parks, or their designee.
Emergency Operations:
The performance of County functions or services necessary, in the opinion of the County, to protect or preserve the lives, safety, health, or property of the County or the public it serves, but “emergency operations” shall not be construed to mean situations where the County knew in advance of non-emergency situations and could have reasonably planned for any work schedule change necessary to adequately cope with the situation.
Employee:
Any person legally employed by the County and a member of the Bargaining Unit represented by the Association.
Employee Full-Time:
An employee who is employed in an allocated position which is regularly scheduled for eighty (80) hours of work in each pay period.
Employee Part-Time:
An employee who is employed in an allocated position which requires work each pay period, but less than that required of a full-time employee.
Exempt Employee:
An employee who is not covered by the provisions of the Fair Labor Standards Act (FLSA).
Extra Help Employees:
As defined in the Civil Service Rules and not represented by this Bargaining Unit.
Flex-Time Work Schedule:
A non-regular work schedule with or without a consistent pattern as to the number of work hours per day or week, but an arrangement whereby the employee is obligated to perform work and be responsible for flexing the hours of his/her own work schedule. Employees assigned to a flex-time work schedule will be eligible for overtime only when the hours worked exceed eighty (80) in a pay period or as otherwise required by law.
Hours Worked:
All time spent by the employee while the employee is engaged in duties or activities required by the County and pursued necessarily and primarily for the benefit of the County. For the non-exempt employee, hours worked shall also include all hours that the County knows or has reason to know that work is being performed.
Non-Exempt Employee:
An employee designated by the County to be covered by the provisions of the Fair Labor Standards Act.
Paid Status:
Whenever an employee is at work, absent on a paid holiday, absent on leave with pay, or absent on authorized compensatory time off.
Probationary Employee:
An employee who is serving a probationary period as provided in the Civil Service Rules.
Probationary Period:
A period which is used for the adjustment and evaluation of a newly appointed or reassigned employee as provided for in the Civil Service Rules.
Regular Rate of Pay:
Defined in the Fair Labor Standards Act and used for computing statutory overtime for the non-exempt employee. It is calculated by taking the employee’s base hourly rate times the number of hours worked in a given work period plus the total of all standby compensation and any special assignment premiums due to the employee in the work period divided by the number of hours worked in the work period.
Regular Work Day:
A 24-hour period containing a specified number of hours of work and normally interrupted by a meal break.
Regular Work Period:
The determination by the County of the fixed regularly recurring work period used for the determination of statutory overtime. For non- sworn, non-exempt employees the regular work period is seven consecutive days which currently begins at 12:01 a.m. Tuesday morning. For sworn, non-exempt employees the regular work period is currently fourteen (14) consecutive days which coincides with the County’s bi-weekly pay period.
Regular Work Schedule:
The determination by the County of an employee’s specific work days, work weeks, work periods, and work shifts, established on a regular, ongoing basis.
Salary:
Means only wages and premiums, but does not include benefits such as insurance, vehicle use, paid leaves, overtime, shift differential or other economic benefits.
Salary Scale:
The salary level for any given classification. The salary scale shall consist of nine salary steps, each approximately two and one half percent (2-1/2%) apart and identified with the letter “A” through “I.” Each salary scale shall be identified by a number that shall correspond with the cents per hour of the “A” step of that salary scale. Similarly, each step of the salary scale shall be expressed in cents per hour.
Statutory Overtime:
Overtime that is required by FLSA. Currently, for the non-sworn, non-exempt employee it is all hours worked in excess of 40 in a regular 7-day work period. For the sworn, non-exempt employee, it is all hours worked in excess of 86 in a regular 14-day work period.
Work Shift:
The hours which an employee is scheduled to work within a regular workday.
3.3 Fair Labor Standards Act - Not Incorporated
The provisions of the Fair Labor Standards Act are not hereby incorporated into this contract by the mention of the statute.