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Orange County Personnel Ordinance Issue Date: January ZS, 2006 <br />Attachment 2: Current Article III, Section 3.0 of the Orange County <br />Personnel Ordinance <br />3.0 Overtime and the Time-Off Plan <br />In keeping with the provisions of the Fair Labor Standards Act, Department Heads shall <br />have the responsibility of controlling overtime in their department. Overtime is neither <br />desired nor expected on a regular basis. However, during peak periods when overtime <br />becomes necessary, it should be distributed as equally as possible among qualified <br />employees in the same classifications, department and shift without regard to age, sex, <br />color, creed, religion, national origin, or physical handicap. <br />3.1 Bona fide executives, administrative and professional employees are exempt from <br />overtime requirements of the Fair Labor Standards Act if they meet the <br />qualifications set forth in the Act. <br />3.2 Supervisors shall arrange the work schedules of their employees so as to <br />accomplish the required work within the standard work day. Overtime work shall <br />be considered work performed by anon-exempt employee which exceeds the <br />established work week of that employee. <br />3.3 Sick leave, annual leave, petty leave, leave without pay, or holidays, do not count <br />when counting hours worked in a particular work week. <br />3.4 Overtime work must be approved by, and directed by, the department head or the <br />authorized representative of the department head. Unapproved work performed <br />during non-work hours, including time prior to the start of the work day, during <br />the lunch period, and after the work day has concluded, including taking work <br />home, is not considered overtime. <br />3.5 Non-exempt employees required to work overtime will be compensated with time <br />or paid for such overtime on the basis of one and one-half (1 1 /2) times the <br />overtime hours worked or the regular rate of pay provided that: <br />3.5.1 The work is of an unusual, unscheduled or emergency nature and is <br />directed by the Department Head or the authorized representative of the <br />Department Head. Department heads will be held accountable and <br />therefore, must assure that the work falls within the above stated <br />parameters. <br />3.5.2 Time off, in lieu of pay, shall be granted whenever feasible and it shall be <br />taken within the pay period. More specifically, it is necessary that all <br />accumulated compensatory time be documented and records to that effect <br />be maintained. <br />Article III <br />