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Overtime Costs Report <br />AAcL6e E-1 <br />In conjunction with the Board's consideration of the recommended budget for 2004 -05, <br />the Board requested and received information on overtime expenditures. During the <br />Board's discussion of new position requests, the Board asked staff to provide a report <br />later in the year as to overtime costs, including needs /issues leading to the overtime, <br />how overtime is justified and approved, how costs for overtime compare to other <br />approaches to addressing staffing needs and the like. This report provides the <br />requested information. <br />Overtime Pay <br />As an employer, Orange County is covered by the requirements of the Federal Fair <br />Labor Standards Act (FLSA). Among other things, FLSA requires that the County <br />designate its employees as "non- exempt" or "exempt" and that any employee <br />designated as non - exempt receive compensation at time and a half his or her regular <br />rate for hours worked over 40 in the workweek, [Note: Under the FLSA 7(k) provision <br />applicable to law enforcement and certain emergency medical positions, the County <br />may calculate overtime on the basis of hours worked in a 28 day period for these <br />employees.] <br />Under special provisions for State and local government, FLSA allows the time and a <br />half compensation for a non- exempt employee to be provided either as pay or time off. <br />County policy provides that the compensation is as time off except that: <br />• If the time off is not taken within 30 days of the date earned, it is paid, or <br />• If the department head determines that it will not be possible to give the time off <br />within the 30 day period, the department may submit payment for the overtime, <br />Overtime Approvals <br />• In consultation with the department head, Personnel designates which positions are <br />non - exempt or exempt under FLSA. <br />• Overtime work by a non- exempt employee requires the advance approval of the <br />employee's supervisor and /or department head. <br />• Overtime pay requires the department head's approval. The department head is <br />responsible for assuring that funds are available, <br />• Any request for overtime pay is submitted to the Personnel Department along with <br />the completed employee time record documenting the overtime hours worked. <br />Budget for Overtime <br />Each year the department head recommends as part of his or her budget request any <br />budget for overtime. The Budget Office reviews the department request and it also is <br />reviewed in the Manager's budget process. The Manager's Recommended Budget <br />