2023 - 2026 WCE Memorandum of Understanding:   Article 12: Hours and Overtime

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What’s on this Page

• 12.1 Purpose of Article 12 (Hours and Overtime)
• 12.2 Work Schedules
• 12.3 Overtime Defined
• 12.4 Overtime Compensated
• 12.5 Compensatory Time Off (CTO) Accrual
• 12.6 Payment for Compensatory Time Off (CTO) at Separation
• 12.7 Assignment of Overtime
• 12.8 Authorization of Use of Compensatory Time Off (CTO)

Read Next: Article 13: Compensation Benefits

12.1 Purpose of Article 12 (Hours and Overtime)

Article 12 (Hours and Overtime) describes the parties’ agreement on matters within the scope of bargaining related to schedules, hours, and overtime. Hours specified under types of employment in this section indicate the County’s commitment to the minimum and maximum hours each employee shall be regularly scheduled, as long as there is sufficient work.

Article 12 (Hours and Overtime) applies to the following types of employment:

1. FULL-TIME: An allocated position which is regularly scheduled for eighty (80) hours of work in a bi-weekly pay period.
2. 3/4 PART-TIME: An allocated position which is regularly scheduled for at least sixty (60), but less than eighty (80) hours of work in a bi-weekly pay period.
3. PART-TIME: An allocated position which is regularly scheduled for at least thirty-two (32), but less than sixty (60) hours of work in a bi-weekly pay period.

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12.2 Work Schedules

1. The County reserves the right to establish and modify work schedules to include standard 5/8, alternative, and flex-time schedules.
2. Employees may request and the County may utilize a flex-time or alternative schedule whenever such a schedule is beneficial to the County.
3. Employees assigned to a flex-time or alternative schedule will be eligible for overtime compensation as defined in Section 12.3.
4. An employee who is authorized to flex his/her regular work schedule for his/her convenience shall not use paid leave time to create eligibility for overtime under the contract. 
5. The County reserves the right to discontinue a flex-time or alternative schedule and reassign the employee to a standard 5/8 work schedule based on the operational needs of the Department. The employee shall be given seven (7) days notice prior to discontinuance of the employee’s flex-time schedule. 
6. The County’s decision to begin or end a flex-time or alternative schedule is not subject to Article 33 (Grievance Procedure).

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12.3 Overtime Defined

For overtime - exempt employees as defined by Fair Labor Standards Act, overtime is defined as hours worked in excess of eighty (80) hours in a bi‑weekly pay period. For non-exempt employees, overtime is defined as hours worked in excess of forty (40) hours in a work week or as otherwise required by law. Effective July 11, 2023, County holiday paid time off will be counted as hours worked for any exempt or non-exempt employees in the bargaining unit.

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12.4 Overtime Compensated

The County has the right to specify how an employee will be compensated for overtime and that decision is final and not subject to grievance or appeal. All employees shall be compensated for all overtime worked either:

1. In cash at the rate of time and one-half (1-1⁄2) the base hourly rate, or
2. As Compensatory Time Off (CTO) at the rate of time and one-half (1½). Compensatory Time Off shall be paid at the employee's base hourly rate.

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12.5 Compensatory Time Off (CTO) Accrual

An employee may accrue eighty (80) hours of compensatory time off. With the approval of the County, an additional forty (40) hours of compensatory time may be accrued. After one-hundred twenty (120) hours of compensatory time have been accumulated and the employee has current credit for one-hundred twenty (120) hours of compensatory time, the department must compensate the employee in cash for any additional overtime worked.

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12.6 Payment for Compensatory Time Off (CTO) at Separation

Each employee who is separated from County service shall be entitled to payment for his/her overtime credits remaining at the employee's base hourly rate at the time of his/her separation.

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12.7 Assignment of Overtime

No employee shall work overtime without prior approval of the County. The County may require and authorize an employee to work overtime if such overtime work is essential to the continuing efficient operation of the department in which the employees works.

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12.8 Authorization of Use of Compensatory Time Off (CTO)

No employee shall take Compensatory Time Off without prior approval of the employee's designated supervisor. The supervisor shall attempt to schedule such time off at a time agreeable to the employee.

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