HOURS WORKED AND OVERTIME POLICY (HR2471) 08-21-2019.PDF

MARICOPA COUNTY INTERNAL POLICY
Policy Title: Policy Number: HR2471
HOURS WORKED AND OVERTIME Current Adoption Date: 08-21-2019
Current Implementation Date: 08-21-2019
Approved by: Board Agenda Number: C-49-11-043-6-02
BOARD OF SUPERVISORS
Original Adoption Date: 01-26-2011
I. PURPOSE
To outline the County’s compliance with federal and state laws pertaining to hours worked and
overtime.
II. AUTHORITY
This Policy is authorized by the Board of Supervisors pursuant to A.R.S. § 11-251.
III. APPLICATION
This Policy applies to all employees who are not exempt from the provisions of the Fair Labor
Standards Act (FLSA) in Maricopa County elected offices and appointed departments as well as the
Flood Control District of Maricopa County and the Maricopa County Library District (Special Districts).
The Board of Supervisors is authorized to jointly adopt policies applying to the Special Districts under
the Intergovernmental Agreement, C-06-18-393-6-00, approved on April 11, 2018.
IV. DEFINITIONS
A. Alternative Work Schedule: Any work schedule that differs from the standard schedule of eight
(8) hours per day, five (5) days per week.
B. Alternative Workweek: Any fixed workweek of seven (7) consecutive 24 hour days (total of 168
consecutive hours), which deviates from the County’s standard workweek.
C. Fair Labor Standards Act (FLSA): The federal law that establishes minimum wage, overtime pay
eligibility, recordkeeping, and child labor standards.
D. FLSA Exempt Employees: Employees who are exempt from overtime pay based on duties
performed and compensation as established by the FLSA.
E. FLSA Non-exempt Employees: Employees who are not exempt from the overtime provisions of
the FLSA and therefore entitled to overtime pay.
F. Hours Worked: All time during which employees are permitted to work that does not include
paid or unpaid leave (e.g., vacation time, sick leave, bereavement leave, civic duty leave,
witness leave, crime victim leave, military leave, administrative leave, holiday, floating personal
day, and leaves without pay).
G. Overtime: Hours worked over the maximum number of hours permitted by the FLSA in a non-
exempt employee’s established workweek (usually 40 hours); excludes hours of paid and
unpaid leave.
H. Principal Activity: Employees’ primary, main, major, or most important duty.
Page 1 of 8

Policy Title: Policy Number: HR2471
HOURS WORKED AND OVERTIME
Current Adoption Date: 08-21-2019
I. Regular Rate of Pay: The base pay rate plus all pay for employment (e.g., pay differentials and
other pay for hours worked or available to work) except certain payments excluded by the FLSA.
J. Work Schedule: An established schedule of hours regularly worked by an employee. At their
discretion, Appointing Authorities may adjust the work schedules of non-exempt employees to
make up time spent out of the office on non-work related matters. The hours must be made up
in the same workweek.
K. Work Time: Generally, all hours from the beginning to the end of the workday, except for
periods when employees are relieved of all duties (e.g., meal periods).
L. Workweek: A fixed period of seven (7) consecutive 24-hour days (total of 168 hours) that is used
to determine whether overtime has been worked by a non-exempt employee. Each workweek
stands alone in determining whether overtime has been worked. For most Maricopa County
employees, the workweek begins on Monday at 12:01 am and ends on Sunday at midnight.
V. POLICY
A. Compensation for Hours Worked
Non-exempt employees must be paid for all hours worked and receive overtime pay for overtime
hours. Non-exempt employees who work outside of their normal work schedule must obtain
approval from their supervisor prior to beginning their work. Unauthorized hours worked by non-
exempt employees are compensable. Questions regarding the compensability of unauthorized
hours worked should be directed to legal counsel.
B. “Off-the-clock” Work
Non-exempt employees are required to report all hours worked and may not work “off-the-clock”,
which occurs when they are required or permitted to perform work and not report the time
worked. Supervisors are expected to monitor work activities to ensure that non-exempt
employees do not work “off-the-clock”. Non-exempt employees who work “off-the-clock” or
those who allow others to work “off-the-clock” will be subject to disciplinary action, up to and
including termination.
C. Restrictions on Use of County-Provided Technology
Non-exempt employees cannot use County-provided technology outside of regularly scheduled
work hours without prior supervisory approval. Non-exempt employees who use County-
provided technology for work outside of their regularly scheduled work hours must report the
time as hours worked during the week that the use occurred.
D. Managing Hours Worked
Appointing Authorities and supervisors establish and communicate work schedules, approve
changes to them in advance (including overtime), and make sure that non-exempt employees
do not perform unscheduled work or work overtime without prior approval except in the case of
an emergency.
E. Eligibility for Overtime Compensation
Eligibility for exemption from overtime is based on the duties and level of responsibility for each
individual position/employee. Human Resources determines the eligibility for overtime of a
Page 2 of 8

Policy Title: Policy Number: HR2471
HOURS WORKED AND OVERTIME
Current Adoption Date: 08-21-2019
position/employee. Departments are responsible for monitoring employees’ duties and notifying
Human Resources when they change. Departments and employees who have questions, or
feel the overtime eligibility of an employee/position is incorrect, must contact Human Resources
immediately.
F. Record Keeping
In addition to the records required for payroll purposes, departments must maintain for three (3)
years a record of the time of day and day of week on which each employee's workweek begins
if it is different from the standard Monday through Sunday workweek, and a record of each
employee's regular work schedule.
VI. Compensable Work Time
A. Paid Employee Breaks
Paid breaks, generally less than 20 minutes, are considered hours worked and count toward
overtime calculations. While regular breaks are encouraged, they are neither required nor are
a right and are given subject to departments’ needs. The loss of a break does not entitle
employees to add the missed break to another break, to the beginning or end of their workday,
or to unpaid meal periods. Disciplinary action up to and including termination may be taken
when employees take unauthorized breaks or extend breaks without the approval of their
supervisor.
B. Breaks for Nursing Mothers
Employees who are nursing are provided with reasonable break time to express breast milk for
up to one year after the birth of a child as long as providing such break time does not unduly
disrupt operations. Departments must make reasonable efforts to provide a private location
other than the restroom that is shielded from view, clean, and free from the intrusions of others
for this break to occur. Generally, breaks to express breast milk are unpaid, although if this
break is of a short duration (20 minutes or less) it may be compensated just as a regular short
break would.
C. Compensable Meal Periods
Meal periods are not hours worked when employees are completely free of all duties. Supervisors
should not permit non-exempt employees to take meal periods at their workstations and must make
sure they are completely free of all duties.
1. Time spent by non-exempt employees who are required or permitted to work through a meal
period is hours worked. Examples of compensable meal periods are when non-exempt
employees are:
a) Not completely free of all duties.
b) Required to “stand by” for a possible call to duty.
c) Required or permitted to sit at a desk or work station and answer phones or respond to
customers.
d) Required to monitor a system and take action should it be necessary.
Page 3 of 8

Policy Title: Policy Number: HR2471
HOURS WORKED AND OVERTIME
Current Adoption Date: 08-21-2019
e) Required to watch County property for safety or security.
2. Prior supervisor approval is required before non-exempt employees can work through meal
periods. Supervisors must ensure the time is reported as hours worked.
D. Travel Time
Compensable travel time for non-exempt employees include:
1. Picking up materials, equipment, and employees or receiving instructions is work time
that starts prior to traveling to a work site.
2. Travel as part of a principal activity is work time (e.g., travel from job site to job site during
the workday or travel from an outlying job site at the end of the day to the normal work site).
3. Out of town travel during the workday as a driver or passenger is work time except for
time that constitutes home-to-work travel and meal periods.
4. Overnight travel out of town as a passenger is work time when it falls within employees’
regularly scheduled work hours, including non-regularly scheduled workdays (e.g.,
weekends). Traveling out of town overnight outside of regular work hours as a passenger is
not considered work time unless employees perform work for the County while in travel
status.
5. Overnight travel out of town when employees have the option to be passengers but
choose to drive is work time as determined using the method for overnight travel out of
town as a passenger.
6. Overnight travel out of town as a driver is work time except for meal periods.
7. Working while traveling out of town overnight as a passenger is work time.
Supervisors may adjust non-exempt employees’ work schedules in the same workweek to
accommodate travel work time and not incur overtime. Compensable travel time must be
reported as hours worked.
The following travel activities are not typically hours worked:
1. Normal travel from home to work at the beginning and end of the workday even if required
to report to various job sites.
2. Travel in a van/car pool as a driver or passenger as long as the arrangements are
voluntary.
3. Normal travel from home to work in a County vehicle as long as:
a) Driving the vehicles to and from employees’ homes are voluntary and not a condition of
employment.
b) The type of vehicles involved would normally be used for commuting and employees
incur no costs for driving the vehicle or parking it at home.
c) The work sites are within the normal commuting area of the County.
Page 4 of 8

Policy Title: Policy Number: HR2471
HOURS WORKED AND OVERTIME
Current Adoption Date: 08-21-2019
4. Travel from home and stopping at the home office on the way to a work site for
employees’ own convenience.
5. Travel for the sole purpose of picking up a County vehicle to drive to a work site. If any
form of work is performed or other equipment is picked up, all time after that is compensable.
E. Standby Pay for On-Call Status
1. Subject to the discretion of the Appointing Authority, non-exempt employees who are
required to be on call to report back to work outside their regular work schedules may be
eligible for standby pay.
2. Standby pay will be paid at a rate approved by the Board of Supervisors for each complete
60-minute period employees are required to be on-call, and will only apply to the actual time
employees are required to be available to report for work. Standby pay will end when
employees are called back to work and their regular pay rates begin.
3. Appointing Authorities shall establish reasonable maximum response times and
communicate them in writing to those receiving standby pay.
4. Employees on call must ensure that the contact device is in working order.
5. Time spent in an on-call status is not hours worked for overtime purposes.
6. Employees are ineligible for standby pay if they are on a paid or unpaid leave of absence,
or are not able or available to report to work.
7. Employees who do not comply with the above procedures forfeit standby pay from the time
of the first attempt to contact them to the end of the call period.
8. Availability of employees receiving standby pay can be validated at any time.
F. Pay for Callback Time
Non-exempt employees called back to work outside their regular work schedule will receive
their regular pay rate, including applicable premium pay, for all hours they travel to and from
their residences and all hours they are required to work. Departments must determine who is
called back to work in a fair manner.
1. Employees must arrive within the timeframe(s) established by the department and be fit to
work upon arrival. Employees who arrive in an “unfit” condition to work will be sent home
and shall forfeit all standby and callback pay.
2. Employees called back to work must adhere to all County policies.
G. Other Compensable Activities
1. Time spent in required trainings, lectures, and meetings and on required homework
or preparation is hours worked whether or not the activity occurs during employees’ regular
work hours. Attendance at trainings necessary to continue employment is also hours worked
(e.g., certification training where certification is a job requirement).
Page 5 of 8

Policy Title: Policy Number: HR2471
HOURS WORKED AND OVERTIME
Current Adoption Date: 08-21-2019
a) Non-exempt employees must report all time for required preparation and attendance at
required trainings, lectures, and meetings.
b) Employees who wish to attend trainings, lectures, and meetings during work hours must
obtain prior approval from their supervisors.
c) Voluntary attendance at trainings, lectures, and meetings, even if related to employees’
work, but that occur on employees’ own initiative, during their own time, and that is not
required is not considered hours worked.
Examples of compensable activities include time spent:
a) At a required department retreat outside of normal work hours.
b) On required homework for a work retreat.
c) In fire/disaster drills during regular work hours.
In order for training to be non-compensable the following criteria must be met:
a) Attendance must be voluntary and occur outside regular work hours.
b) Employees must do no productive work for the County.
2. Donning (putting on) and doffing (removing) clothing and gear which is required by
law, the department, or the nature of the work, and that is required to take place on the
County’s premises is hours worked. If employees have the option to change into required
clothing or gear at home, changing is not compensable, even when it occurs on the County’s
premises.
3. Cleaning, washing, and maintaining County property or vehicles, whether on or off
County property, is hours worked even when done outside of normal work hours. Non-
exempt employees must obtain prior approval before they clean, wash, or maintain County
property outside of normal work hours.
4. Waiting for work-related activities or events is hours worked if the waiting time belongs
to and is controlled by the County.
Examples of compensable waiting time are time spent:
a) Waiting while equipment is being repaired.
b) Being required to wait for a package to arrive at the Post Office.
c) When permitted to leave the job site during periods of inactivity when such periods are
unpredictable and of short duration.
d) Waiting on the job site for assignments.
Examples of non-compensable waiting time are time spent where employees:
a) Wait to begin work because they arrive earlier than required.
b) Are completely relieved from their duties and can leave.
Page 6 of 8

Policy Title: Policy Number: HR2471
HOURS WORKED AND OVERTIME
Current Adoption Date: 08-21-2019
c) Are relieved from their duties for long enough (generally greater than 30 minutes) that
they are able to use the time as they see fit, including when they are provided a specified
time at which to report back to work.
5. Waiting or receiving medical attention at the direction of the County during normal work
hours is hours worked.
6. Time spent in court or other legal proceedings (e.g., merit hearing) is compensable when
employees are requested or subpoenaed related to their principal job duties. Employees
who testify or appear in non-work related matters that is not for the benefit of the County,
including litigation in which the employee is adverse to the County, shall not be
compensated.
7. Performing the same or similar duties for another department is hours worked.
a) Non-exempt employees who desire to perform the same or similar duties for a
department other than their primary department must obtain their supervisor’s approval
prior to beginning work for the other department.
b) Both the employee’s primary department and the department where the additional work
will be performed must determine the employee’s potential for overtime and reach an
agreement for payment prior to the employee beginning work.
8. Volunteer time is not typically hours worked when employees freely give their time without
any pressure, coercion, or expectation of compensation.
a) Non-Exempt Employees who volunteer to perform the same, similar, or related duties for
the County that they are normally paid to perform, are considered to be in an hours worked
status and subject to overtime pay rules.
9. The paid hours non-exempt employees occasionally or sporadically work for the
County in a capacity different from their regular job, are not combined with their primary
jobs’ hours worked for determining overtime if the work is:
a) Part-time, infrequent, irregular, or seasonal.
b) Not within the same general occupational category as their regular work.
c) Voluntary (i.e., employees can refuse to perform the additional duties without fear of
sanctions and are not required to explain their decisions).
An example of occasional or sporadic employment is when non-election employees work
for the Elections Department during elections.
Time spent by non-exempt employees working for departments other than their primary
department that does not qualify as occasional, sporadic or volunteer service, is hours
worked and is combined with the regular hours worked that week in the employees’ primary
employment to determine overtime eligibility.
10. Alternative Work Schedule: See HR2427 Alternative Work Schedules.
11. Teleworking Time: See HR2409 Teleworking.
Page 7 of 8

Policy Title: Policy Number: HR2471
HOURS WORKED AND OVERTIME
Current Adoption Date: 08-21-2019
H. Overtime Compensation for Non-exempt Employees
1. Hours worked over the maximum number permitted by the FLSA in non-exempt employees’
established workweeks (typically 40 hours in a seven (7) day workweek) are considered
overtime and are paid at a rate of one and one half the employees’ regular rate of pay.
Health care and law enforcement activities may have different work periods with different
overtime requirements.
2. Overtime pay is based on the number of hours actually worked and does not include time
that is not actually worked (e.g., holidays and leave time).
3. Appointing Authorities shall decide, using fair and equitable work and skill related factors,
which employee(s) will be assigned to work overtime.
4. With the exception of emergency situations, all overtime worked must have the supervisor’s
prior authorization. Departments should establish procedures for obtaining prior
authorization and establish what constitutes an emergency. Supervisors are encouraged to
use flexible scheduling within the same workweek to minimize the use of overtime.
Unauthorized overtime hours worked by non-exempt employees are still compensable
hours worked.
5. Appointing Authorities may, at their discretion, allow non-exempt employees to make up
hours spent out of the office on non-work or personal matters during the same workweek
the absence occurred.
I. Concerns Regarding Hours Worked and Overtime
Employees who believe an error occurred regarding the reporting of their hours worked or
payment for these hours must immediately report it to their departments’ HR liaison and Human
Resources. Reports of errors will be promptly investigated.
Revision History
Version Revision Date Description of Revision
1 01-26-2011 Initial version (C-49-11-043-6-00)
2 09-14-2011 Added a section about employees’ concerns (C-49-11-043-6-01)
Renumbered the policy from B7006, updated definitions, policy format, and language to
3 08-21-2019
remove outdated wording (C-49-11-043-6-02)
Page 8 of 8