Omaha Police Department Overtime Procedures PDF

OVERTIME PROCEDURES POLICY: It is the policy of the Omaha Police Department (OPD) to comply with Federal, State, and local law, including the Fair Labor Standards Act (FLSA), the Omaha Municipal Code, the City of Omaha Human Resources Department “Fair Labor Standards Act” policy, as well as applic...

OVERTIME PROCEDURES POLICY: It is the policy of the Omaha Police Department (OPD) to comply with Federal, State, and local law, including the Fair Labor Standards Act (FLSA), the Omaha Municipal Code, the City of Omaha Human Resources Department “Fair Labor Standards Act” policy, as well as applicable Collective Bargaining Agreements (CBA). An important component of (FLSA) compliance is to make certain non-exempt employees are paid for time worked during the pay period in which the time is worked. In all cases, non-exempt OPD employees will submit Overtime Forms and enter overtime worked into the OPD timekeeping system as soon as practical. OPD supervisors and timekeepers will review overtime submitted and will recommend approval or denial of overtime assignments/operations as soon as is feasible. Employees who are found to have submitted fraudulent requests to be paid overtime are subject to discipline up to and including termination. This policy is not intended to provide an employee to any right for overtime pay in excess of a right they may have based on the authority cited above. DEFINITIONS: Overtime: Work performed by employees in excess of their normal work day or in excess of their normally scheduled work week. Overtime Rate for sworn employees: Overtime compensation for sworn employees shall be paid the rate of one and one-half (1½) time the number of hours worked in excess of eight (8) hours per day, in excess of 8 hours 30 minutes for employees working the card system, and in excess of 10 or 12 hours for employees normally working an approved 10- or 12-hour day. Overtime Rate for non-sworn employees: Overtime compensation for non-exempt, non-sworn employees shall be paid the rate of one and one-half (1½) time the number of hours worked in excess of eight (8) hours per day. For those non-exempt, non-sworn employees who are Functional or CMPTEC group and are assigned to four (4) 10-hour workdays, overtime compensation shall be paid the rate of one and one-half (1½) time the number of hours worked in excess of ten (10) hours per day. PROCEDURE: I. Non-Exempt Sworn Employee Overtime Compensation A. Holidays (worked or not worked) shall be considered hours worked for the purpose of overtime per the OPOA CBA. B. All other paid leave time including annual leave, sick leave, funeral leave, and compensatory time shall not be considered hours worked for the purpose of computing daily or weekly overtime in connection with sworn employees’ regularly scheduled work day/week per the OPOA CBA. C. Court Attendance 1. Attendance in court during an employee’s regularly scheduled work day shall not be considered a leave of absence and shall be paid at the employee’s regular base rate per the OPOA CBA. 2. Attendance in court during off-duty periods shall be compensated at a minimum of three (3) hours at the Overtime Rate or the actual hours in attendance at the Overtime Rate, whichever is greater per the OPOA CBA.  D. Call-In is when an employee is called to work during their off-duty time and such work time does not merge with their scheduled work day. 1. Call-in compensation for sworn employees shall be compensated at a minimum of four (4) hours at the Overtime Rate or the actual number of hours worked at the Overtime Rate, whichever is greater per the OPOA CBA. 2. Call-in pay is applicable only when the employee must report for duty to somewhere other than their residence. 3. Call-in pay shall not be paid for work performed by simply using the telephone from a location other than the worksite. 4. All Call-in pay must be approved in advance by the employee’s supervisor. E. Required attendance at a Personnel Board hearing or other scheduled meeting that does not merge with an employee’s scheduled work day, will be compensated as described in the OPOA CBA. EXCEPTION: Employees attending training, seminars, workshops, or schooling outside the City of Omaha shall be paid at their base pay while in attendance at such functions and shall not be entitled to overtime, call-in, or any minimum hours of pay. II. Non-Sworn Employees Overtime Compensation A. Non-sworn, non-exempt employees shall be paid at the Overtime Rate for all hours worked in excess of their normally scheduled work hours each day in accordance with City of Omaha Municipal Code 23-253 for CMPTEC and Functional employees. Non-sworn employees subject to the Local 251 CBA shall be paid at the Overtime Rate for all hours worked in excess of eight (8) hours per day. All non-exempt, non-sworn employees will be paid the Overtime Rate for all hours worked in excess of forty (40) hours per week. B. Call-in compensation for non-sworn employees subject to the Local 251 CBA shall be compensated in accordance with that CBA, while all other non-exempt non-sworn employees shall be compensated in accordance with City of Omaha Municipal Code 23-254. C. All other types of overtime for non-sworn employees will be compensated in accordance with their respective CBA and Chapter 23 of the City of Omaha Municipal Code. III. OPD Overtime Form (OPD Form 158) Procedures A. OPD employees shall submit a completed OPD Overtime Form (OPD Form 158) as soon as practical after the end of the incident/assignment in which the overtime was worked. 1. In all cases, Overtime Forms shall be submitted no later than the beginning of the employee’s next scheduled work shift. B. When feasible OPD employees shall: 1. Obtain verbal approval prior to working overtime, unless otherwise justified in the narrative section of the Overtime Form. 2. Certify/Sign employees’ Overtime Forms.  a. If a supervisor is unavailable to certify the form, a co-worker’s signature will suffice. This certification does not replace the need to get approval as detailed above. C. Employees shall retain the “Employee Copy” of the Overtime Form for their records and shall submit the white/top copy of the Overtime Form to a supervisor within their assigned Precinct/Section/Unit for approval. 1. OPD Bureau Deputy Chiefs may establish designees for Overtime Form approval within their respective bureaus. D. OPD supervisors shall submit Overtime Forms to employees’ designated timekeepers for entry into the timekeeping system. E. OPD timekeepers shall enter overtime into the timekeeping system as soon as practical. This is to comply with FLSA rules that mandate employees will be paid overtime for the time period in which it was worked. 1. If the timekeeper is unable to enter an employee’s overtime for the time period for which the overtime was worked, the timekeeper shall make a note within the timekeeping system to explain why. EXAMPLE: The Overtime Form was submitted to the timekeeper late and the pay period already ended. In such a case, the timekeeper shall enter the overtime for the pay period for which it was worked, notwithstanding that the pay period has passed. The timekeeping system will automatically apply the overtime correctly and compensate the employee in the next pay period. 2. Timekeepers shall record the number of overtime hours entered into the timekeeping system by documenting the hours on each Overtime Form. Timekeepers shall then initial and date the Overtime Form and process the form according to their bureau guidelines. 3. When completed, the processed Overtime Forms shall be forwarded to the OPD Police Personnel Unit. F. On occasion, the OPD Police Personnel Unit enters overtime for large events (for example, the NCAA College World Series of baseball) rather than an employee’s normally assigned timekeeper. 1. In these circumstances, the Overtime Forms shall be submitted as directed by the OPD Police Personnel Unit. IV. OPD Overtime Assignment Cost Analysis Projection Form (OPD Form 81) A. OPD command officers responsible for planning overtime assignments and equipment for large events/assignments shall complete an OPD Overtime Assignment Cost Analysis Projection Form (OPD Form 81) and forward the form through their chain of command to their respective bureau Deputy Chief or designee for pre-approval of the overtime and equipment costs. B. The Form 81 will be completed in full. The form is used to project/estimate personnel and equipment costs for pre-planned assignments/events such as major investigations, major events such as parades, presidential and/or VIP visits, etc. C. The commanding officer’s respective bureau Deputy Chief or designee will either approve or deny the overtime assignment/event staffing and equipment. REFERENCES: I. Laws and City Policy A. The Fair Labor Standards Act (FLSA) is referenced in this policy. B. The City of Omaha Municipal Code Chapter 23; including 23-253 and 23-254 specifically, are referenced in this policy. C. The City of Omaha Human Resources Department “Fair Labor Standards Act” policy is referenced in this policy. D. Collective Bargaining Agreements between the City of Omaha and the Omaha Police Officers’ Association and Omaha City Employees, Local 251. II. Previous OPD Orders A. Previous OPD General Orders include #51-91, 6-99, 14-17, 79-17, 18-19 and 62-22.