Agenda - 12-03-2007-7b - Laserfiche WebLink

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Orange County Personnel Rules and Regulations Manual Issue Date: / _, 20_ M. Substitution -Two persons employed by the same Department may agree, solely at their option and with the approval of the Department Director or authorized representative, to substitute for one another during scheduled work hours in performance of work in the same capacity. The hours worked in a substituting capacity shall be excluded from the calculation of hours for which the substituting employee is entitled to overtime compensation under this policy. N. Fluctuating Workweek - A salaried non-exempt employee whose hours worked in a workweek vary from week to week, may be paid pursuant to an understanding that the employee will receive a fixed amount as straight time pay for whatever hours the employee are called upon to work in a workweek. The employee will be compensated for all hours worked over 40 in a workweek at a rate not less than one-half their regular hourly rate of pay. To use the alternative method of calculation for overtime pay all of the following conditions must be met. An employee's hours must fluctuate from week to week; 2. The employee must receive a fixed weekly salary that remains the same regardless of the number of hours that the employee works during the week; 3. The fixed amount must be sufficient to provide compensation at a regular rate not less than the legal minimum wage; 4. The employer and the employee must have a clear, mutual understanding that the employer will pay the employee the fixed weekly salary regardless of the hours worked; and 5. The employee must receive a fifty percent overtime premium in addition to the fixed weekly salary for all hours that the employee works in excess of forty during that week. This Section of the Rules and Regulations will become effective upon signing of this document. Adopted this the day of December 2007 County Manager Page 7