For FLSA non-exempt employees, overtime must be paid at a rate of at least one and
one-half times the employee's regular rate of pay for each hour worked in a workweek
in excess of the maximum allowable in a given type of employment. Non-exempt employees
are eligible to earn compensatory time by the end of the month. It is the responsibility
of the supervisor to oversee that non-exempt accrued comp time is taken by the end
of the month following the date earned. Employees considered to be exempt may be granted
excess time when convenience of the department allows and in accordance with procedures
established by the county manager. Exempt excess time is not guaranteed to be redeemed;
and upon separation from county employment, ends without excess time compensation.
Agency heads and supervisors shall hold hours worked by the employee to the FLSA standard
of 40-hour workweek, county workweek guidelines of 37.5, except in those cases where
excessive hours of work are necessary because of weather conditions, necessary seasonal
activity or emergencies, state or federal pre-disaster, disaster declaration, or proclamation.
It shall be a responsibility of the county manager or designee to determine that the
provision of overtime pay is administered in the best interest of the county. Although
each department head is responsible for the manner in which overtime is authorized,
it is equally important to control unauthorized overtime. Unauthorized work shall
be counted as hours worked if the employer should have stopped it but did not, or
if the employer knows or has reason to know of this practice. Each department head
or designee is responsible for internal controls that will provide a means of reviewing
and evaluating the use of overtime. The practice of overtime work will be subject
to review by the county manager. Such review will take into consideration organizational
structure, scheduling of work, position complement, and personnel classifications.
For overtime compensation, the county will comply with providing non-exempt and exempt
employee timesheet information and certification or other requirements to accept cost
reimbursement and/or financial assistance from FEMA for weather related or catastrophic
events. These instances would be designated by a State of North Carolina Proclamation
or U. S. Presidential Pre-Disaster, or Major Disaster Declaration in accordance with
44 CFR, and 42 U.S.C. (the Stafford Act), and/or N.C.G.S. 166A.
(Amend. of 2-8-96(1); Amend. of 12-6-10)
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