2018 - 2019 SEIU Memorandumof Understanding: Article 3: Definitions
What’s on this Page
- 3.1 Definitions Non-Application
- 3.2 Definition of Terms
- 3.3 Fair Labor Standards Act - Not Incorporated
3.1 Definitions Non-Application
None of the following definitions are intended to apply in the administration of the County Employee’s Retirement Law of 1937 or to the County’s Civil Service Ordinance nor the Rules of Civil Service Commission.
3.2 Definition of Terms
Alternative Work Schedule:
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). 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.
The board, commission, group of persons, officer, or person having the power by lawfully delegated authority to make appointment to or removal from positions in the County service.
Base Hourly Rate:
The base hourly rate shall be the hourly rate corresponding to the salary step in the salary scale to which the employee is assigned.
The base hourly rate multiplied by the total hours allocated in the pay period.
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.
January 1 through December 31
Time off with pay (at the base hourly rate) to which an employee is entitled, as provided for in this Memorandum, in lieu of cash compensation.
The County of Sonoma, the Sonoma County Water Agency, the Community Development Commission, Sonoma County Agricultural Preservation and Open Space District, any of its organizational units or boards and commissions, as administratively determined by the County; may include appointing authority, Board of Supervisors, Chief Administrative Officer or a supervisor.
Shall be calendar day unless stated otherwise such as working days (regular work days) or regular County business days (Monday through Friday, absent holidays).
Shall exist between two persons, one of whom is an employee of the County, covered by this Memorandum of Understanding, regardless of their gender and each of them shall be the “domestic partner” of the other if they both complete, sign, and cause to be filed with the County an “Affidavit of Domestic Partnership” attesting to the following:
- the two parties reside together and share the common necessities of life;
- the two parties are not married to anyone, eighteen years or older, not related by blood closer than would bar marriage in the state of California, and mentally competent to consent to contract and are not acting under fraud or duress;
- the two parties declare that they are each other’s sole domestic partner and they are responsible for their common welfare;
- the two parties agree to notify the county in writing if there is a change of circumstances attested to in the affidavit; and
- the two parties affirm, under penalty of perjury, that the assertions in the affidavit are true to the best of their knowledge.
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.
Any person legally employed by the County and a member of the bargaining unit represented by the Union.
An employee who is employed in an allocated position that is regularly scheduled for 80 hours of work in each pay period.
Employee 3/4 Part-Time:
An employee who is employed in an allocated position that is regularly scheduled for at least 60 hours but less than 80 hours of work per pay period.
An employee who is employed in an allocated position that is regularly scheduled for at least 32 hours but less than 60 hours of work per pay period. Unless otherwise specified in this Memorandum, the term “part-time employee(s)” shall include both “employee 3/4 part-time” and “Employee part-time.”
An employee who for the purposes of this agreement has been designated by the County as exempt from the provisions of the Fair Labor Standards Act.
Extra Help Employees:
As defined in the Civil Service Rules.
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 in accordance with a written agreement between the employee and the appointing authority.
Fair Labor Standards Act (FLSA) Overtime:
Hours actually worked in excess of forty (40) hours in a work week. For the purpose of calculating overtime hours under this section, the County shall not include any paid time off (for example, sick leave, vacation, and holidays). 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.
FTE (Full-Time Equivalent Position):
FTE is the relationship that the position has to a full-time position as allocated in the budget (e.g., .75, .5, .4). A full-time position is defined as a position which is regularly scheduled to work 80 hours in a pay period.
Includes 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 work is being performed that the County has authorized.
Paid status as defined in this MOU up to a maximum of 80 hours in a pay period.
An employee designated by the County to be covered by the provisions of the Fair Labor Standards Act or an otherwise exempt employee treated as if covered for the administrative convenience of the County.
Overtime – Non-Statutory – Exempt Employees:
Non-statutory overtime for exempt employees is defined as all hours worked in excess of 80 pay status hours in a pay period; or hours worked in excess of the normal full-time 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); or any other circumstance where overtime pay is provided for exempt employees elsewhere in this Memorandum. Except for the Elections Department, overtime is also defined as hours actually worked on the seventh consecutive full (8, 9, or 10) day and any consecutive full (8, 9, or 10) days worked thereafter; however, individual employees may waive such overtime with the consent of the Union.
Overtime – Non-Statutory – Non-Exempt Employees:
Non-statutory overtime for non-exempt employees is defined as all hours worked in excess of 40 hours in pay status in a 7 day work period or in excess of 80 pay 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); or any other circumstance except Section 7.12 where overtime pay is provided for non-exempt employees elsewhere in this Memorandum. Except for the Elections Department and the Fair & Exposition, Inc. during the term of the annual Sonoma County Fair, overtime is also defined as hours actually worked on the seventh consecutive full (8, 9 or 10 hour) day and any consecutive full (8, 9, or 10 hour) days worked thereafter; however, individual employees may waive such overtime with the consent of the Union.
Whenever an employee is at work, absent on a paid holiday, absent on leave with pay, or absent on authorized compensatory time off.
Each employee will be paid for each hour of pay status and other compensation nine (9) calendar days after the end of the pay period. If a holiday falls on said day, payment will be made on the preceding regular County business day. Direct deposit will be available for all employees entitled to compensation under this Memorandum. All Advice of Deposit forms and payroll warrants will be available to the Department Head or designee, in the ACTTC/Payroll’s office no earlier than 10:00 a.m. on the designated pay date.
Each pay period shall consist of fourteen (14) consecutive calendar days and shall start on a Tuesday and end with the second Monday thereafter.
“Pay shall not be pyramided, compounded, or cumulative” means that the calculations for FLSA overtime and for each premium pay shall be individually calculated on the base rate of pay, and has the same meaning as the sentence in Section 9.1 stating, “The premium and differential pays in this Article shall not be included in the base pay for the calculation of any premium or differential pay.”
The official employee personnel record maintained by the County. Guidelines circulated by the Human Resources Department related to the personnel file are to foster good communications but shall not be considered a part of this MOU.
An employee who is serving a probationary period as provided in the Civil Service Rules.
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.
Project or Limited Term Position:
An allocated position which exists only for a limited period of time for purposes of accomplishing a specific project, grant, or functions. Such positions shall be designated as project or limited term by job class title, attached to a specific project and/or funding source, and limited in duration to sixty (60) consecutive months from the date the position(s) are allocated by the Board of Supervisors.
The reassignment of an employee from a position in one class to a position in another class which is allocated to a higher salary scale.
Regular Rate of Pay:
Is as defined in the Fair Labor Standards Act and is used for computing statutory overtime for non-exempt employees. It is calculated by multiplying the employee’s base hourly rate by the number of hours worked in a given work period, then adding all standby compensation and any special assignment premiums earned in the work period, then dividing the sum by the number of hours worked in the work period.
Regular Work Day:
A 24-hour period beginning at 12:01 a.m., or as specified by the department and approved by ACTTC/Payroll, containing a specified number of work hours (normally 8, 9, 10, or 12 consecutive hours of work) and normally interrupted by a meal break.
Regular Work Period:
The fixed, regularly recurring period of either 168 or 336 consecutive hours as determined by the County.
Regular Work Schedule:
An employee’s specific work days, work weeks, work periods, and work shifts, established on a regular, ongoing basis as determined by the County.
A written warning that failure to correct a specific deficiency or deficiencies may result in further disciplinary action(s) including but not limited to suspension without pay, demotion in classification, reduction in base salary or termination from County employment.
Includes only wages and premiums, but does not include benefits such as insurance, vehicle use, or other economic benefits.
The salary level for any given classification. The salary shall consist of nine salary steps, each approximately 2-1/2% apart and identified with the letters “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.
Split Work Day:
A 24-hour period beginning at 12:01 a.m., or as specified by the department and approved by ACTTC/Payroll, containing no more than 8 or 10 non-consecutive hours of work.
All hours actually worked, not including non-working hours in paid status, by a non-exempt employee in excess of 40 hours in a regular 7 day work period. Statutory overtime does not apply to exempt employees.
The hours which an employee is scheduled to work within a regular or split workday.
An employee’s work week is a fixed and regularly recurring period of 168 hours – seven (7) consecutive 24-hour periods. It need not coincide with the calendar week but may begin on any day and at any hour of the day. The County shall designate the work week for every employee.
3.3 Fair Labor Standards Act - Not Incorporated
The provisions of the FLSA are not hereby incorporated into this contract by the mention of the statute.