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

Maricopa County — Formal (2019-08-21)

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Maricopa County Internal Policy Number: B7006
Policy Title: Hours Worked and Issue Date: 01/2011
Overtime
Policy Category: Employee Initiating Department: Revision Date: 09/2011
Compensation Management and Budget
Reviewed by: Brian Hushek Approved by: Andy Kunasek Revision: 1
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. PURPOSEurpose
The purpose of this policy is to outline the County’s compliance with federal and state laws
pertaining to hours worked and overtime pursuant to the Maricopa County Employee Compensation
Plan.
II. AUTHORITY
This Policy is authorized by the Board of Supervisors pursuant to A.R.S. § 11-251.Employee
Compensation is responsible for administering this policy.
III. APPLICATIONuthority and Responsibilities
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)This policy applies to all Maricopa County elected offices and appointed departments as well
as special districts that follow Maricopa County’s compensation plan, policies, and procedures. 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. This includes all full
and part-time initial probationary, contract, classified, unclassified, and temporary employees who are
not exempt from the provisions of the FLSA.Appointing Authorities and other supervisory personnel
are responsible for assuring compliance with this policy. Violation of County provisions and policies
may be subject to disciplinary action up to and including termination. Departments are required to
follow this policy and to direct any questions to Employee Compensation.
IV. pplicabiliVolunteers and independent contractors are not County employees and are not subject to
the provisions of this policy.DEFINITIONSefinitions
A. Alternative Work Schedule: Any work schedule that differs from the standardtraditional 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. This period is used to
Page 1 of 14

Maricopa County Internal Policy Number: B7006
Policy Title: Hours Worked and Issue Date: 01/2011
Overtime
Policy Category: Employee Initiating Department: Revision Date: 09/2011
Compensation Management and Budget
Policy Title: Policy Number: HR2471
HOURS WORKED AND OVERTIME
Current Adoption Date: 08-21-2019
determine whether overtime has been worked by a non-exempt employee. Each workweek stands
alone in determining overtime worked. Generally, an alternative workweek is only permitted when
an employee is working a 9/80 work schedule.
C. Fair Labor Standards Act (FLSA): The federal law that establishes minimum wage, overtime pay
eligibility, recordkeeping, and child labor standardsThe federal act that, for purposes of this policy,
establishes requirements for tracking of employees’ hours worked for purposes of calculating
overtime and other pay for non-exempt full-time and part-time employees.
D. FLSA Exempt Employees: Employees who are meet any applicable exemption contained in
Section 7 and 13 o from overtime pay based on duties performed and compensation as established
byf the FLSA and its interpretive regulations. Employees who are designated as exempt areare
not eligible for overtime pay.
E. FLSA Non-exempt Employees: Employees who are not exempt from the overtime covered by
the provisions of the FLSA and therefore entitled tomust be compensated appropriately for
overtime hours workedpay.
F. Furlough: A mandatory unpaid leave imposed on employees by a department facing a severe
financial crisis. (See HR2403 Reduction in Force and Furloughs Policy.)
H.F. Hours Worked: All time during which employees are requiredare or 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).
I. Independent Contractor: An individual who performs services pursuant to a public bid.
J.
K.G. Overtime: Hours worked over the maximum number of hours permitted by the FLSA in
afor non-exempt employee’s established workweek (usually 40 hours); excludes hours of paid
and unpaid leave. Overtime pay will be calculated consistent with the U.S. Department of Labor
FLSA regulations (currently one and one half times an employee’s regular rate of pay).
L.H. Principal Activity: Employees’ primary, main, major, or most important duty.
M.I. Regular Rate of Pay: The bBase 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.
Page 2 of 14

Maricopa County Internal Policy Number: B7006
Policy Title: Hours Worked and Issue Date: 01/2011
Overtime
Policy Category: Employee Initiating Department: Revision Date: 09/2011
Compensation Management and Budget
Policy Title: Policy Number: HR2471
HOURS WORKED AND OVERTIME
Current Adoption Date: 08-21-2019
N.J. Work Schedule: An established schedule of hours regularly worked by an employee. At
their discretion, Appointing Authorities may at their discretion adjust the work schedules of non-
exempt employees to make up time spent out of the office on non-work related matters provided
adequate work and supervision is available. The hours must be made up in the same workweek.
O.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.,for meal periods) or other approved
leaves of absence.
P.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. POLICYGeneral Provisions
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 hours outside of their normal work schedule must
obtain approval from their supervisor prior to beginning their work.
Unauthorized hours worked by a non-exempt employees are deemed hours worked and
compensable if the supervisor or department knew or had reason to believe the employee was
working outside his/her normal shift. In circumstances where an employee worked
unauthorized hours, an investigation will ensue to determine whether the supervisor or
department had knowledge or reasons to believe the employee worked unauthorized hours and
determine whether the employee should receive compensation and what discipline should be
imposed.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 workMaricopa
County does not support the practice of “off-the-clock” work, which occurs when theya non-
exempt employee isare required or permitted to perform work and not report the time worked.
It is the policy of this County that all Fair Labor Standards Act (FLSA) non-exempt employees
are required to report all hours worked. Thus, a non-exempt employee who works “off-the-clock”
commits a serious violation of County policy and may be subject to disciplinary action, up to and
including termination. Any supervisor who requires or permits a non-exempt employee to work
“off-the-clock” will also be subject to disciplinary action, up to and including
termination.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
Page 3 of 14

Maricopa County Internal Policy Number: B7006
Policy Title: Hours Worked and Issue Date: 01/2011
Overtime
Policy Category: Employee Initiating Department: Revision Date: 09/2011
Compensation Management and Budget
Policy Title: Policy Number: HR2471
HOURS WORKED AND OVERTIME
Current Adoption Date: 08-21-2019
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 technologyi.e.Blackberries, account
outside of regularly scheduled work hours withoutunless prior supervisory approvalhas been
obtained . 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. County employees cannot expect any right of privacy associated with the use
of County-provided technology and.
D. Managing Hours Worked
Appointing Authorities and other supervisorsy personnel and shall use the following means to
manage the hours worked of their employees:
Eestablish and communicate with employees about their work schedules, as well as any
subsequent changes to their work schedules; approve in advance changes to them in advance
(an existing work schedule, including overtime), and make .
Managing work schedules soure 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. Employee CompensationHuman Resources determines the
eligibility for overtime of a position/employee. Departments are responsible for monitoring
employees’ duties and notifying Employee CompensationHuman Resources when they
change. Employee CompensationDepartments and employees who have questions, or feel the
overtime eligibility of an employee/position is incorrect, must contact Employee
CompensationHuman Resources immediately.
F. Record Keeping
In addition to those records required for Maricopa County 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.
Page 4 of 14

Maricopa County Internal Policy Number: B7006
Policy Title: Hours Worked and Issue Date: 01/2011
Overtime
Policy Category: Employee Initiating Department: Revision Date: 09/2011
Compensation Management and Budget
Policy Title: Policy Number: HR2471
HOURS WORKED AND OVERTIME
Current Adoption Date: 08-21-2019
VI. Compensable Work Time
A. Paid Employee Breaks
Paid breaks, generally less than 20 minutes, are considered hours worked work time 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 An employees who takes unauthorized breaks or who extends a breaks without the
approval of theirhis/her supervisor is subject to disciplinary action up to and including
termination.
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,
other than the restroom, 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. (See the County’s Breaks for Nursing Mothers FAQs.)
C. Compensable Meal Periods
As a general rule, mMeal periods are not credited as hours worked by an employee. In order to
ensure that meal periods remain unpaid time, supervisors are responsible for ensuring that when
non-exempt employees are completely free of all dutiesir meal periods. 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 atheir
assigned meal period is considered hours workede meal period; further,this time. Examples of
compensable meal periods are when non-exempt employees are:
a) Where an employee is nNot completely free of all duties.
b) Where an employee is rRequired to “stand by” for a possible call to duty.
c) Where an employee is rRequired or permitted to sit at a desk or work station and answers
phones or responds to customer inquiries.
d) Where an employee is rRequired to monitor a system and take action should it be
necessary.
Page 5 of 14

Maricopa County Internal Policy Number: B7006
Policy Title: Hours Worked and Issue Date: 01/2011
Overtime
Policy Category: Employee Initiating Department: Revision Date: 09/2011
Compensation Management and Budget
Policy Title: Policy Number: HR2471
HOURS WORKED AND OVERTIME
Current Adoption Date: 08-21-2019
e) Where an employee is rRequired to watch County property for safety and/or security.
2. Prior supervisor approval is required before non-exempt employees can work through meal
periods. Supervisors who allow A these employee to who works through meal periodshis/her
is subject to disciplinary action up to and including termination. Any employee, including the
employee’s, must ensure the time is reported as hours worked, is subject to disciplinary action
up to and including termination.
D. Travel Time
Compensable The following travel timeactivities are considered hours worked and count toward
the calculation of overtime payfor non-exempt employees include:
1. PTravel to picking up materials, equipment, and, employees or receiving
instructionsquipment, etc.: Time spent is work time that starts prior toby a non-exempt
employee who is required to report to a specified location to pick up materials or other
equipment, other employees, or to receive instructions before traveling to athe work site, is
compensable time that starts at the specified location.
2. TTravel that is as part of a principal activity all in a day's work: Time spent by a non-
exempt employee traveling as part of his/her principal activity, such as travel from job site
to job site during the workday, is work time (e.g., travel from job site to job site during the
workday or t. Time spent traveling from an outlying job site at the end of the day to the
normal work site) is also work time.
3. Travel oOut of town travel during the workday: Time spent by a non-exempt employee
traveling out of town during the workday as a driver or a passenger is work time, except
for the periods of time that constitutes home-to-work travel and meal periods.
4. Overnight tOvernight travel out of town as a passenger: Time spent by a non-exempt
employee in overnight travel out of town as a passenger is hours work timeed when it falls
within employees’ regularly scheduled work hours,periods including. This applies to non-
regularly scheduled workdays outside of employees’ regularly scheduled work periods
(e.g.,such as weekends) as well as regularly scheduled workdays. Time spent in overnight
traveling out of town overnight out of town outside of regular work hours as a passenger on
an airplane, train, boat, bus or automobile is not considered work time and does not count
as hours worked unless employees perform work for the County while in travel status.
5. Overnight travel oOvernightut of town travel out of town when employees have the
option to be passengers but choose to drivechoosing not to be a passenger: When
non-exempt employees have the option to be a passenger for overnight travel but choose
instead to drive is work time, the hours worked are as determined using the methodology
for overnight travel out of town as a passenger.
Page 6 of 14

Maricopa County Internal Policy Number: B7006
Policy Title: Hours Worked and Issue Date: 01/2011
Overtime
Policy Category: Employee Initiating Department: Revision Date: 09/2011
Compensation Management and Budget
Policy Title: Policy Number: HR2471
HOURS WORKED AND OVERTIME
Current Adoption Date: 08-21-2019
6. Overnight travel out of town as a driver or assistant/helper: Time spent by a non-
exempt employee who is required to drive or required to ride as an assistant or helper is
work time except for meal periods.
7. Working while Overnight traveling out of town overnight as a passenger while
performing work duties: Time spent by a non-exempt employee performing work while
traveling 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. Nwho Compensable travel time must be
reported as hours worked are subject to disciplinary action up to and including termination.
The following travel activities are not typically hours worked:
1. Normal travel from home to work: Time spent by an employee to commute to and from a
work site at the beginning and end of the workday even if required they mustto report to at
various job sites.
2. Travel in a van/car pools: Time spent by as a driver or passenger of a van/car pool as long
as the arrangements are voluntary.
3. Normal travel from home to work in a County vehicle: Time spent by an employee to
commute to and from a work site in a County vehicle as long as the following conditions are
met:
a) Driving the vehicles to and from employees’ homes are strictly voluntary and not a
condition of employment.; and
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.
4. Travel to home office for own convenience: TTravel fromime spent by an employee
who leaves home and stopping at the home office on his/herthe way to a work site, but
stops at the home office or shop for his/her employees’ own convenience.
5. Travel for the sole purpose of to picking up a County vehicle: Time spent by an
employee for the sole purpose of picking up a County vehicle to drive to athe 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
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Maricopa County Internal Policy Number: B7006
Policy Title: Hours Worked and Issue Date: 01/2011
Overtime
Policy Category: Employee Initiating Department: Revision Date: 09/2011
Compensation Management and Budget
Policy Title: Policy Number: HR2471
HOURS WORKED AND OVERTIME
Current Adoption Date: 08-21-2019
Standby pay is paid to non-exempt employees at a rate approved by the Board of Supervisors,
and solely at the discretion of the Appointing Authority. A department seeking to pay standby pay
must demonstrate that it is able to pay for it from budgeted revenues, without the need for an
additional appropriation. In addition, standby pay is only permitted for those positions and work
environment where Employee Compensation has confirmed through market research that such
pay is common practice. FLSA exempt employees are not eligible for standby pay.
The following criteria and procedures apply to standby pay:
5.1. 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.
6.2. Standby pay will be paid at a rate (approved by the Board of Supervisors on the schedule
of premium pay) 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.
7.3. Appointing Authorities shall decide, ingwork and skill related ,which employee(s) will be
assigned to be on call and. In addition, Appointing Authorities establish reasonable
maximum response times and communicate themresponse in writing to thoseemployees
receiving eligible for standby pay.
8.4. Employees on- call must ensure that the contact device is in working order.
9.5. Any tTime spent in an on-call status is not considered hours worked for overtime
purposes.
10.6. An eEmployees areis ineligible for standby pay if theyhe/she are (1) is on a paid, or
unpaid leave of absence, or are(2) is not able or available to report to work.
11.7. An eEmployees who does not comply with the above procedures and criteria will forfeit
standby pay from the time of the first attempt to contact themhim/her to the end of the call
period.
12.8. The County reserves the right to validate the Aavailability of employees receiving
standby pay can be validated at any time.
F. Pay for Callback Time
Page 8 of 14

Maricopa County Internal Policy Number: B7006
Policy Title: Hours Worked and Issue Date: 01/2011
Overtime
Policy Category: Employee Initiating Department: Revision Date: 09/2011
Compensation Management and Budget
Policy Title: Policy Number: HR2471
HOURS WORKED AND OVERTIME
Current Adoption Date: 08-21-2019
A nNon-exempt employees called back to work outside theirhis/her regular work schedule
willshall receive theirhis/her regular pay rate, including any applicable forms of premium pay,
for all hours they travel to and from their residences and all hours they are required to work. All
travel time to and from employees’ residences when called back to work is considered hours
worked.
Departments must determine who is called back to work in a fair manner.
The following criteria and procedures apply to callback time:
Any time worked by non-exempt employees in a callback status is considered hours worked
and counts toward the calculation of overtime pay.
4.1. Employees on call must arrive at work within the timeframe(s) established by the
Appointing Authoritydepartment and be fit to work upon arrival. Employees who arrive in an
“unfit” condition to work will be directed to leave the workplacesent home and shall forfeit all
standby and callback pay that would have otherwise been due.
5.2. Employees called back to work must adhere to all County policies. Variance from
policies is subject to disciplinary action up to and including termination.
0. An Appointing Authority shall determine who is called back to work in a fair and equitable
manner.
I.G. Other Compensable Activities
1. Time spent in required tTrainings, Llectures, and Mmeetings Time: Mandatory
attendance by non-exempt employees at training programs, lectures, meetings, and
similar activitiesand on required homework or preparation isis considered hours
worked whether or not the activity occurs during employees’ regular work hours. Attendance
at trainings necessary tofor the continuance of employment eligibility (e.g., certification-
related training where certification is a job requirement), and time spent on required
homework or required preparation for mandatory or necessary training, lectures, meetings,
and similar activities is also considered hours worked (e.g., certification training where
certification is a job requirement).
a) Non-exempt employees must report all time for required preparation and attendance at
required trainings, lectures, and meetings, and similar activities.
Page 9 of 14

Maricopa County Internal Policy Number: B7006
Policy Title: Hours Worked and Issue Date: 01/2011
Overtime
Policy Category: Employee Initiating Department: Revision Date: 09/2011
Compensation Management and Budget
Policy Title: Policy Number: HR2471
HOURS WORKED AND OVERTIME
Current Adoption Date: 08-21-2019
b) Employees who wish to attend training programs, lectures, and meetings, and other
similar activities during work hours must obtain prior approval from their supervisors prior
to attending such activities or they will be subject to disciplinary actions up to and
including termination.
c) Voluntary attendance at training programs, lectures, and meetings, and similar activities,
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 training, lecture, and meeting activities include time spent:
a) Attendance aAt a required department retreat outside of normal work hours.
b) Time spent by employeesOn to do required homework for a work retreat.
c) Time spent by employees iIn 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 employees’ regular work hours.;
c) Attendance must be voluntary;
d)b) Employees must do no productive work for the County while attending the
training.; and
i) The program, lecture, or meetingIt should not be directly related to employees’ jobs.
3.2. DDonning (putting on) and Ddoffing (removing) of Cclothing and Ggear: Donning
and doffing of clothing or 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 compensable for non-
exempt employeeshours worked. If employees have the option and the ability to change into
the required clothing or gear at home, changing into that clothing or gear is not
compensable, even when it takes placeoccurs on the County’s premises. Departments
should direct all questions regarding donning and doffing to Maricopa County Legal
Counsel.
4.3. CCleaning, Wwashing, and Mmaintaining County Pproperty or Vvehicles: Time
spent by non-exempt employees who are required to clean, wash or maintain County
property or vehicles, whether on or off County property, is hours workedcompensable even
whenif the work performed done is outside of normal work hours. Non-exempt employees
must obtain prior approval before they who clean, wash,, or maintain County property or
Page 10 of 14

Maricopa County Internal Policy Number: B7006
Policy Title: Hours Worked and Issue Date: 01/2011
Overtime
Policy Category: Employee Initiating Department: Revision Date: 09/2011
Compensation Management and Budget
Policy Title: Policy Number: HR2471
HOURS WORKED AND OVERTIME
Current Adoption Date: 08-21-2019
vehicles outside of normal work hours without the approval of their supervisor are subject to
disciplinary action up to and including termination.
5.4. WWaiting Time: Time spent 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 at a job site earlier than required.
b) Are completely relieved from their duties and can leave job sites.
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.
6.5. Waiting or receiving mMedical Aattention Time: Time spent waiting for and receiving
medical attention at the direction of the County during normal work hours on days when
employees are scheduled for and would ordinarily report for work constituteis hours worked.
7. Time Sspent in Ccourt or Oother Llegal Pproceedings: Time spent to appear in court or
other legal proceedings (e.g., merit hearing) is compensable when employees are
requested or subpoenaed related to their principalle job duties.
8.
9.6. Non-exempt eEmployees who testify or appear in non-work related matters (time spent
in court that is not forto the benefit of the County, including litigation in which the employee
is adverse to the County,) shall not be compensated.
10.7. PTime Spent Performing the Ssame or Ssimilar Dduties for Aanother
Ddepartment: Time spent performing the same or similar duties as employees’ primary
jobs, but for departments other than their primary department, is considered hours worked
and shall be included in the calculation of overtime.
Page 11 of 14

Maricopa County Internal Policy Number: B7006
Policy Title: Hours Worked and Issue Date: 01/2011
Overtime
Policy Category: Employee Initiating Department: Revision Date: 09/2011
Compensation Management and Budget
Policy Title: Policy Number: HR2471
HOURS WORKED AND OVERTIME
Current Adoption Date: 08-21-2019
a) Non-exempt employees who desire to perform the same or similar duties as their primary
job, but for a department other than their primary department must obtain their
supervisor’s approval prior to beginning work for the other department. Disciplinary
action up to an including termination may be taken when employees do not obtain his/her
supervisor’s approval is subject to disciplinary action up to and including termination.
b) Both the employee’s primary department and the department where the employee will
be performing 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.
11.8. Time Spent in Volunteer timeActivities with Another Department: is not typically
hours worked whenIt is expected that non-exempt employees freely givewho volunteer their
time with other County departments do so without any pressure, coercion, or expectation of
compensation.. In addition, employees who volunteer their services and the departments
who accept the assistance of volunteers must comply with the following standards:
a) Non-Exempt Volunteer service by an employee must be offered freely without pressure
or coercion.
c)a) EAn employees whomay volunteer to perform the same, similar, or related duties
for theMaricopa County that theyhe or she is are normally paid to perform, are considered
to be in an hours worked status and subject to overtime pay rules.
12.9. The paid hours non-exempt employees oOccasionally or Sporadicsporadically
work Employment: The paid hours a non-exempt employee works occasionally or
sporadically for the County in a capacity different from theirhis/her regular jobemployment,
are not combined with their primary jobs’ regular hours worked in the employee’s primary
job for the purpose of determining overtime if the workthe following apply is:
a) It is pPart-time, and infrequent, irregular, or seasonal, or occurring in scattered
instances.
b) It is nNot within the same general occupational category as their employee’s regular
work.
c) It is vVoluntary (i.e., the employees canis free to refuse to perform the additional
additional dutiesemployment without fear of sanctions and are notwithout any
requiredment to explain or justify their decisions).
An example of occasional or sporadic employment is when non-election employees work
for the Elections Department during elections.
Page 12 of 14

Maricopa County Internal Policy Number: B7006
Policy Title: Hours Worked and Issue Date: 01/2011
Overtime
Policy Category: Employee Initiating Department: Revision Date: 09/2011
Compensation Management and Budget
Policy Title: Policy Number: HR2471
HOURS WORKED AND OVERTIME
Current Adoption Date: 08-21-2019
Time spent by a non-exempt employees working for a departments other than theirhis/her
primary department, that does not qualify as occasional,/ sporadic employment or volunteer
service, is considered hours worked and ismust be combined with the regular hours worked
of the employee’s primary job spent that week in the employees’ primary employmentfor
his/her primary department in order to determine overtime eligibility.
13.10. Alternative Work Schedule: (See HR2427 Alternative Work Schedules.)
14.11. Teleworking Time: (See HR2409 Teleworking.)
J.H. Overtime Compensation for Non-exempt Employees
1. The FLSA requires that aHny hours worked over the maximum number permitted by the
FLSA in a non-exempt employee's’ established workweeks (typically 40 hours in a seven
(7) day workweek) arebe considered overtime, and are paidthat payment for this overtime
be calculated at a rate of one and one half the employee's’ regular rate of pay. Generally,
the standards are 40 hours in a 7 day workweek; however, Health care and law enforcement
activities may have ddifferent work periods with different overtime requirements may be
utilized for health care, probation, and law enforcement activities.
2. Overtime pay computation is based on the number of hours actually worked, and does not
include time that is not actually worked (e.g., holidays that are not worked, and leave times
(with or without pay), or any other time that is not actually worked.
3. Appointing Authorities shall decide, using fair and equitable work and skill related factors,
which employee(s) will be assigned to work overtime.
4. WAll overtime worked, with the exception of emergency situations, all overtime worked must
have the supervisor’s prior authorization of the supervisor. DEach departments has the
responsibilityshould for establishing procedures for obtaining prior authorization and
establish what constitutes an emergency, and procedures for obtaining prior authorization.
SEmployees and supervisors are encouraged to use flexible scheduling within the same
workweek to minimize the use of overtime. Unauthorized overtime hours worked by a non-
exempt employees are still compensable hours worked and must be compensated;
however, disciplinary action up to and including termination may be taken with regard to an
employee who works unauthorized overtime.
5. Appointing Authorities may, at their discretion, and on an infrequent basis allow non-
exempt employees to make up hours spent out of the office on non-work or personal matters
during a given workweek. The hours must be made up in the same workweek the absence
occurred and by law cannot extend beyond the workweek. Supervisors should not allow
non-exempt employees to routinely make up time. This is not only discretionary but is to be
used on a rare occasion.
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