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HomeMy WebLinkAboutMINUTES - 06251985 - 2.6 a-� THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 25, 1985 by the following vote: AYES: Supervisors Schroder, McPeak, Torlakson, Fanden NOES: None ABSENT: Supervisor Powers ABSTAIN: None SUBJEC"f: Compliance with the Fair Labor Standards Act 3 RESOLUTION NO. 85/366 The Board of Supervisors in its capacity as governing board of Districts governed by the Board RESOLVES that as a result of the United States Supreme Court's decision in Garcia v. San Antonio Metropolitan Transit Authority, it is necessary that the County and the Districts governed by the Board of Supervisors take actions to comply with the provisions of the Fair Labor Standards Act (FLSA). In order to do so, except as provided hereafter, the following provisions governing compensatory time off (comp time) and other matters will be effective April 15, 1985; notwithstanding contrary provisions in memoranda of understanding. 1. Employees who are not exempt from the overtime provisions of the FLSA shall be paid at a rate of time and one half of their regular rate of pay as defined in the FLSA for all work in excess of 40 hours of work per week. They may no longer accrue compensatory time off for such hours. 2. Compensatory time off for work in excess of 8 hours (10 hours for 4/10 employees) in one day must be taken within the same week (or work period) or it will be paid at time and one half, unless the total number of hours worked does not exceed 40. 3. Compensatory time off accrued prior to April 15, 1985 shall be treated as provided for by memoranda of understanding, or other rules. A. Compensatory time off for holidays worked may be accrued as provided in applicable memoranda of understanding or other rules provided that the hours worked do not exceed 40 hours per week. 5. Normal Workweek. The normal workweek for County employees is forty hours between 12:01 a.m. Monday to twelve midnight Sunday, usually five eight-hour days; however, where operational requirements of a department or an existing memorandum of understanding require deviations from the usual pattern of five eight-hour days per workweek, as directed by the department head an employee's work hours may be scheduled to meet these requirements. Except when permitted by the FLSA without paying overtime, such working time shall not exceed forty hours per seven-day period. Department heads shall prepare written schedules to support all deviations, which shall be provided to the Director of Personnel to show the complete operational cycle contemplated. (Res. No. 83/1 §8.2(a)). 6. Notwithstanding §5, those employees in the Contra Costa County, Moraga, Orinda, Riverview and West County Fire Protection Districts who qualify for the fire protection exemption under §7(k) of the 1974 amendments to the FLSA (29 USC §207(k)) are continued on the successive 27 day work periods established by Res. No. 74/1093, the first of which in 1985 begins on January 19, 1985 at 8:00 a.m. except in the West County Fire Protection District which begins on January 2, 1985 at 7:30 a.m. The covered employees' entitlement to. overtime pay under the FLSA shall begin on a date designated by the County Administrator. If operational requirements of a department require deviations from fire service employees above work period, an employee's work hours and work period may be scheduled to meet these requirements. The department head shall prepare written schedules to support all deviations, which shall be provided to the Director of Personnel to show the complete operational cycle contemplated. - 1 - RESOLUTION NO. 85/366 7. Notwithstanding §5, those law enforcement employees employed by the County and who qualify for the law enforcement exemption under §7(k) of the 1974 amendments to the FLSA (29 USC §207(k)) are designated as being on successive 28 day work periods, the first of which begins at 12:01 a.m. on January 7, 1985. The covered employees' entitlement overtime pay under the FLSA shall begin as determined by the County Administrator. The department head may elect not to include certain employees under the 7(k) exemption. If operational requirements of a department require deviations from law enforcement employees above work period, an employee's work hours and work period may be scheduled to meet these requirements. The department head shall prepare written schedules to support all deviations, which shall be provided to the Director of Personnel to show the complete operational cycle comtemplated. (Res. No. 83/1 §8.2(a)) . 8. The Director of Personnel is hereby directed to determine which employees are exempt from the overtime provisions of the FLSA, because they are executive, administrative, or professional employees, elective related or recreation exemptions. 9. Employees are prohibited from working overtime or otherwise in excess of established working hours (voluntary time) except when specifically authorized by the department head or his or her designee. 10. The department heads shall enforce the provisions of this Resolution. 11. This resolution is an emergency action. The Board and staff have not had time to fully determine the effect of the decision of the Supreme Court in Garcia v. San Antonio Metropolitan Transit Authority but it is necessary tFiat the County and the Districts governed by the Board comply with the federal law. The Board is aware that certain memoranda of understanding contain provisions which are not in compliance with the FLSA, in particular, those provisions relating to compensatory time off must be modified to bring them into compliance. There is not sufficient time to give notice, meet with employee organizations or others, and to properly arrange the affairs of the County or the other agencies before taking this action. 12. The Employee Relations Officer shall give notice of this Resolution to all recognized employee organizations. 13. To the extent that the subjects of this Resolution are within the scope of representation under the Meyers-Milias-Brown Act (Government Code §§3500 et seq. ), this Board offers to meet with any recognized employee organization upon request concerning this Resolution. 14. Recognized employee organizations may submit to the Employee Relations Officer written requests to meet and confer on specific proposals with respect to this Resolution. This authorization and direction is given without prejudice to the Board' s right to bring operations of the County and of Districts governed by this Board into compliance with the FLSA. 15. This action is taken without prejudice to pending consulting, meeting, and meeting and conferring with employee organizations. 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: Nff _ PHIL BAT WELOR, Clcrk of the Board of Supervisors and County Administrator Odx By , Deputy Orig. Dept. : Personnel Department cc: All County Departments All Employee Organizations (via Personnel ) - 2 - RESOLUTION NO. 85/366