When a reallocation of a position to a lower grade occurs, the
incumbents shall remain at their present pay and will be eligible
for the next annual merit increases based upon their previous merit
anniversary dates.
[Amended 4-21-2020; 5-19-2020]
A. FLSA requirements. The Federal Fair Labor Standards Act (FLSA) requires
that all employees who are not exempt from overtime payment and who
are not salaried be compensated at the rate of 1.5 times their regular
hourly rate for all hours actually worked beyond 40 hours in a workweek.
The County's workweek begins at 12:01 a.m. Sunday (12:00 midnight
of Saturday night) and ends at that same time the following weekend.
The overtime payment may either be in wages or in compensatory time
gained (at the same 1.5 rate).
B. Exempt/Nonexempt. Those employees eligible for overtime include all
employees in position classifications listed on the Salary Schedule
as Grade 10 or below, except as specified, as well as those employees
on the Salary Schedule in Grade 11 or higher who are specifically
designated as nonexempt. All elected officials are exempt from overtime
by the nature of their positions.
C. Continuous/Noncontinuous. In conformance with the FLSA, the following
policy for providing overtime payment as wages or compensatory time
shall be utilized for those employees who are eligible for overtime:
(1) Employees in noncontinuous operations are those employees in position
classifications with schedules which do not generally require overtime
work and which do not require a replacement when they are absent.
These employees shall receive 1.5 times their regular hourly rate,
or compensatory time at the 1.5 rate, for all hours worked over 40
in a workweek, with only those hours actually worked counted toward
the forty-hour requirement.
(2) Employees in continuous operations are those employees in position
classifications with schedules which normally require overtime work
because the position must be staffed on a twenty-four-hour-per-day
basis, which often requires that a replacement be provided for any
absence. These employees shall receive 1.5 times their regular hourly
rate, or compensatory time at the 1.5 rate, for all hours worked over
40 in a workweek, with only those hours actually worked counted toward
the forty-hour requirement.
D. Employees eligible for straight-time overtime. Although hours worked
below 40 in a workweek are not regulated by the FLSA except as mandated
by the minimum wage requirement, certain full-time employees are regularly
scheduled to work fewer than 40 hours in a workweek. Generally, such
employees are on a 37.5-hours-per-week schedule. When such employees
exceed their regularly scheduled full-time schedule (actual time worked),
they shall receive straight-time overtime at the rate of 1.0 times
their hourly rate for those additional hours worked below 40.
E. Compensatory time. All employees who are eligible for overtime, as noted above, may be compensated with the equivalent compensatory time rather than monetary payment. This shall also apply to straight-time overtime (Subsection
D). This election of compensatory time or monetary payment shall be made by the employee before such overtime is recorded on the County's time sheets. Compensatory time shall be recorded as the straight-time equivalent, i.e. one hour of overtime at the 1.5 rate shall be reported as 1.5 hours of compensatory time earned; the same hour of overtime at the 1.0 rate shall be reported as 1.0 hour of compensatory time earned, etc.
F. Compensatory time accrual limits. All such earned compensatory time
must be reported under the proper pay code so that all such employees'
pay stubs will contain their actual balances. Employees who are not
eligible for overtime payment may not report any hours as earned compensatory
time. No employee's actual compensatory time balance shall exceed
40 hours. The County Administrator may suspend this policy when it
is necessary to do so for the general health, safety and welfare of
McLean County employees. Upon declaring the policy suspended, the
County Administrator shall take the following steps:
(1) Notify
the County Board Chairman and all Department Heads of the declaration
to suspend the policy which prohibits compensatory time balance in
excess of 40 hours; and
(2) Specifically
identify a time frame through which the policy is suspended.
G. Compensatory time off. Employees who request compensatory time off,
i.e., to use their earned compensatory time, shall make such requests
in a manner consistent with departmental procedures, and in increments
of 15 minutes. Such requests shall be granted unless there is a negative
impact on the department's operation. Such accrued compensatory time
must be used by employees prior to the termination of their employment,
since the purpose of electing compensatory time is to have time off,
unless this is not possible for operational reasons. Accrued compensatory
time is not eligible for monetary payment, unless such time remains
after the employee's termination.
H. Professional and administrative employees. Salaried exempt employees
are not eligible for overtime or compensatory time off and shall not
have their pay reduced because of absence during a workweek other
than for disciplinary suspensions in increments of one week, for major
violations of safety rules or lack of benefit time to provide payment
during such an absence. Pay reductions for these reasons shall be
not less than one-day increments.
I. Authorization and assignment of overtime. All overtime must be authorized
by the department head in advance of being worked. If prior authorization
is not feasible because of conditions, a confirming authorization
must be made on the next regular working day following the date on
which the overtime was worked. Department heads will make every effort
to assign overtime as equitably and evenly as possible.