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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: December 3, 2007 <br />Action Agenda <br />Item No. ~7 ' ~ <br />SUBJECT: Report: Revision to Personnel Ordinance Article III, Section 3.0 Overtime <br />Compensation <br />DEPARTMENT: Personnel - PUBLIC HEARING: (Y/N) No <br />ATTACHMENT(S): <br />INFORMATION CONTACT: <br />Current Article III, Section 3.0 Annette Moore, Policy and Compliance <br />Proposed Administrative Rules and Officer, 919-245-2317 <br />Regulations Michael McGinnis, Human Resource <br />Questions and Answers Director (919) 245-2552 <br />Examples <br />PURPOSE: l"o receive a report on a proposed revision to the Orange County Personnel <br />Ordinance, Article III, Section 3.0 Overtime Compensation. (See Attachment 1, Current Article <br />III, Section 3.0) <br />BACKGROUND: The Board requested that Staff review the Overtime Compensation section <br />of the Orange County Personnel Ordinance to ensure that the County was complying with <br />federal and state laws regarding overtime compensation. Staff conducted a review of both the <br />Personnel Ordinance and how the County was complying with the provisions of the Ordinance. <br />Staff met with several large departments and departments that use overtime compensation on a <br />regular basis. The feedback from those meetings showed that the language in the Personnel <br />Ordinance was not specific enough to provide the clear guidance needed by staff to ensure <br />compliance with the Fair Labor Standards Act. Based on the feedback from those meetings, <br />staff proposed a revision of the Personnel Ordinance so that, in addition to the Personnel <br />Ordinance, there would be administrative rules and regulations to provide further guidance to <br />both employees and supervisors on their responsibilities under the Fair Labor Standards Act, its <br />implementing regulations and state law. <br />Staff drafted the proposed revision to Article III, Section 3.0, of the Personnel Ordinance as <br />follows: <br />In accordance with the provisions of the Fair Labor Standards Act of 1938, as amended <br />(hereinafter referred to as "ELBA"), and its implementing regulations, any employee, not <br />exempt, authorized to work in excess of the established forty hour workweek shall be <br />compensated either with time off or pay for the actual hours worked in excess of the forty <br />hour workweek at a rate of one and one-half times the hours actually worked or one and <br />one-half times their regular rate of pay. The County Manager will develop administrative <br />rules and regulations consistent with the Fair Labor Standards Act, and its implementing <br />regulations as well as any other federal and state laws necessary to carry out the <br />provisions of this Article. <br />