Salary Resolution No. 95-0926 Revised December 2020 Section 19: Hours of Work

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What’s on this Page

• 19.1 Hours of Work – Purpose of this Section
• 19.2 Types of Employment
• 19.3 Work Schedules – Flex-Time and Alternative
  • 19.3.1 Schedule - Flex-Time Schedule
  • 19.3.2 Schedule - Alternative Work Schedules
  • 19.3.3 Schedule – Incidental Flex Time
• 19.4 Schedule – Notice Required for Change in Work
• 19.5 Schedule – Employee Request for Change in Work
• 19.6 Schedule – Voluntary Exchanges of Work
• 19.7 Rest Periods
• 19.8 Meal Period - Duty Free
• 19.9 Meal Period - Non-Duty Free

Read Next: Overtime & Compensatory Time

Section 19 is intended only as a basis for outlining standards for hours of work, work schedules and a basis for calculating overtime payment.

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1. Full Time: Allocated positions which are regularly scheduled to work eighty (80) hours in a biweekly pay period.
2. Part Time: An allocated position which is regularly scheduled to work less than eighty (80) hours in a biweekly pay period.
3. Extra Help: A non-allocated assignment of duties which is defined in the Civil Service Rules.

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The County Work Schedules include 5.8, 4/10 and 9/8/1 and flex-time. The appointing authority shall establish and modify work schedules for all employees.

19.3.1  Schedule - Flex-Time Schedule

A Flex-Time work schedule is a non-regular work schedule with or without a consistent pattern as to the number of work hours per day or week, but an arrangement whereby the employee is obliged to perform work and be responsible for flexing the hours of his/her own work schedule in accordance with a written agreement between the employee and the appointing authority. 

Employees may request and department heads may utilize flex-time schedules whenever such schedules will be beneficial to the County and will not incur overtime beyond the County’s usual and customary overtime needs under the employee’s regular work schedule. An employee and the County must agree to and complete a written agreement specifying the work week, scheduled days of the week, and hours to be regularly worked for the flex-time assignment. 

The appointing authority may assign an employee to a flextime schedule; if so assigned, an exempt Unrepresented employee or an exempt Unrepresented Confidential employee will be eligible for overtime only when the hours worked exceed eighty (80) hours in a pay period.

Non-exempt employees assigned to a flextime schedule will be eligible for compensation for overtime when required by law or when the employee's pay status hours exceed forty (40) in the employee's regular seven (7) day work period. The appointing authority may discontinue the flextime schedule and reassign an employee to a normal daily work schedule.

If an Unrepresented Confidential or Unrepresented employee requests in writing a change in schedule for the employee's own convenience and the appointing authority grants the request, the employee shall waive overtime as long as the total number of hours does not exceed eighty (80) in any one pay period. Statutory overtime cannot be waived.

Employees in Unrepresented Administrative Management positions shall work any and all hours necessary in the performance of their assigned duties, without overtime and without regard to fixed work schedules.

19.3.2  Schedule - Alternative Work Schedules

An Alternative Work Schedule is a regular fixed schedule that is other than the standard 5/8 schedule (eight hours per day, five days per week).  Examples include a 4/10 schedule (ten hours per day, four days per week) or a 9/8/1 schedule (eight, nine hour days and one eight hour day with one day off in a biweekly pay period). Such alternatives are offered to allow workable schedules for employer and employee and must not create overtime as required under any sections of this Resolution, or as required by law.

Employees may request and department heads may utilize alternative work schedules whenever such schedules will be beneficial to the County and will not incur overtime beyond the County’s usual and customary overtime needs under the employee’s regular work schedule. An employee and the County must agree to and complete a written agreement specifying the work week scheduled days of the week, and hours to be regularly worked for the alternative work schedule. Non-exempt employees assigned to an alternative work schedule will be eligible for overtime compensation when the employee performs any authorized work in excess of forty (40) hours in a work week. The County reserves the right to discontinue the alternative work schedule and reassign an employee to a normal daily work schedule based on the operation needs of the department.

19.3.3 Schedule – Incidental Flex Time

An Unrepresented Confidential or Unrepresented employee may request, and a supervisor may approve, incidental flex time in which an employee works variable work hours with corresponding flex hours off. All requests and approvals shall be in writing.  Non-exempt employees must take all flex hours off within the forty (40) hour work week in which the variable hours are worked, and exempt employees must take all flex hours off within the eighty (80) hour pay period in which the variable hours are worked. Employees who participate in an incidental flex time arrangement shall waive daily overtime for time designated as flex time worked.

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1. Except in cases where emergency operations require, a notice of a change in work schedule arising from other than transfer or promotion, notice shall be given to the affected Unrepresented Confidential or Unrepresented employee not less than seven (7) calendar days prior to the effective date of the change.  
2. If the County fails to give the seven (7) day notice to a full-time employee, the County shall pay the affected employee compensation equaling one and one-half (1-1/2) times the employee's base hourly rate for all hours actually worked on the new regular work schedule until seven (7) calendar days notice is given. However, for each such hour worked that constitutes statutory overtime as defined in Section 20.3, compensation shall be based on the FLSA defined regular rate of pay.  
3. If any full-time employee other than Unrepresented Administrative Management has been given seven (7) calendar days advance notice of a shift change and the shift change results in the employee doubling back to work the new shift after leaving the work site, all hours worked on the new shift within the employee's same work day as the former shift will be paid at the employee's base hourly rate, not at overtime, except as otherwise required by law.
4. Part Time employees shall not be paid at one and one-half (1-1/2) for changes in schedule unless it results in overtime due and payable under Sections 20.1, 20.2, or 20.3 of this Resolution.

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An employee may submit to the County a written request for a schedule change. The County shall not approve an employee’s request for a schedule change if the schedule would result in overtime being built into the schedule.

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Voluntary schedule exchanges shall comply with department policy, shall be within the same or related work unit, and shall involve employees with comparable ability in a comparable classification.  Each employee involved in an exchange shall notify the employee’s supervisor. Employees who voluntarily exchanges schedules shall not be paid for overtime resulting from this voluntary schedule change. 

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The County shall grant rest breaks to Unrepresented and Unrepresented Confidential employees, except where unusual operational demands prevent a rest break. Rest breaks will not be unreasonably or consistently denied. Rest periods shall not exceed fifteen (15) minutes in any four (4) consecutive hours of work and shall be considered as time worked.

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Employees shall be granted a duty free meal period during each work shift which exceeds six (6) consecutive hours. The duration of the meal period may be not less than thirty (30) minutes nor greater than sixty (60) minutes and will be scheduled as near to the middle of the work shift as reasonably possible.

Different meal periods may be assigned to different work units in the same County department or division. Duty-free meal periods shall not be considered as time worked.

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In those special circumstances where the County determines a duty free meal period is not appropriate with the delivery of efficient and productive services to the public, as determined by the appointing authority, the employee shall be assigned to a non-duty free meal period which shall be considered time worked. If the County plans to take action under this subsection, the department shall give the affected employee(s) advance written notice and provide an opportunity for the affected employee(s) to discuss the issue with the County before final action is taken.

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