Item C04 C.4
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County of Monroe
y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
January 20, 2021
Agenda Item Number: C.4
Agenda Item Summary #7623
BULK ITEM: Yes DEPARTMENT: Employee Services
TIME APPROXIMATE: STAFF CONTACT: Pam Pumar(305) 292-4459
no
AGENDA ITEM WORDING: Approval of a resolution to amend Sections 5.02 (A) (4) of the
Monroe County Personnel Policies & Procedures Manual, addressing overtime pay for non-exempt,
non-emergency workers, to include holiday, vacation, sick time, or compensatory time towards an
employee's regular schedule for the purposes of overtime calculation, becoming effective 1/31/2021.
ITEM BACKGROUND: This item seeks approval of a resolution amending Section 5.02 (A) (4)
of the Monroe County Personnel Policies & Procedures Manual, addressing overtime pay for non-
exempt, non-emergency workers, to count vacation, holiday, sick time, or compensatory time
towards an employee's regular schedule for the purposes of overtime calculation or compensatory
time.
Currently section 5.02 (A) (4) excludes vacation, holiday, and sick time from an employee's
schedule for the purposes of overtime calculation. This creates difficulty in scheduling employees to
work extra shifts and provide necessary coverage. This is because when a holiday falls within a
workweek, extra days (typically Saturdays and Sundays) are paid at the employee's straight time
rate; the same circumstance applies if an employee has used vacation or sick time within a
workweek.
This change will now allow holiday, vacation, sick, and compensatory hours to count towards the
regular time in an employee's workweek, before overtime is incurred (for a 40 hour per week
employee, that means the employee's first 40 hours of the workweek). This means that once the first
40 hours are logged, that any additional time worked will be paid at the overtime rate of one-and-
one-half times the employee's regular hourly rate, or the employee will be granted compensatory
time at one-and-one-half times the number of hours worked.
This change does not conflict with the wage-and-hour rules regarding overtime under the federal
Fair Labor Standards Act(FLSA).
The Personnel Policies and Procedures review committee met on 11/24/2020 to review this proposed
policy change. The committee unanimously voted in support of the policy change.
Effective date of the resolution will be January 31, 2021 in order to allow time for reprogramming of
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C.4
the payroll processing systems in the office of the Clerk of the Circuit Court and Comptroller, who
tabulates and processes BOCC payroll.
Current policy:
5.02 OVERTIME WORK FOR NON-EXEMPT, NON-EMERGENCY RESPONSE EMPLOYEES
A. STATEMENT OF POLICY
4. Employees who use vacation time, sick time, or when a holiday is during a work week, will be
paid at their straight time rate ofpay for all hours physically worked in excess offorty (40) hours in
a work week. Hours physically worked in excess offorty (40) hours in a work week will be paid or
the employee will be granted compensatory time at one and one-half times their regular rate ofpay.
Proposed policy:
5.02 OVERTIME WORK FOR NON-EXEMPT, NON-EMERGENCY RESPONSE EMPLOYEES
A. STATEMENT OF POLICY
4. Hours physically worked in excess offorty (40) hours in a workweek will be paid atone and one-
half times their regular rate ofpay or the employee will be granted compensatory time as described
below in section 5.02 (A) (5) (b) Employees who use vacation time, sick time, compensatory time,
or when a holiday is during a work week, shall have their vacation, sick, compensatory or holiday
time count towards the first 40 hours of their schedule as `time worked'for the purposes of
calculating overtime or compensatory time.
[5.02 (A) (5) (b) states: `Compensatory time, if offered by the County, will be governed by the
following conditions: ...One and one-half hours of compensatory time will be granted for each hour
of overtime worked;']
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
no
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution -- PPPM Section 5.02, overtime
FINANCIAL IMPACT:
Effective Date: January 31, 2021
Expiration Date: N/A
Total Dollar Value of Contract: N/A
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C.4
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
N/A
REVIEWED BY:
Bryan Cook Completed 11/24/2020 12:16 PM
Kevin Wilson Completed 11/24/2020 1:02 PM
Assistant County Administrator Christine Hurley Skipped
11/24/2020 3:48 PM
Cynthia Hall Completed 11/24/2020 3:49 PM
Purchasing Skipped 11/24/2020 3:51 PM
Budget and Finance Completed 11/24/2020 3:52 PM
Maria Slavik Completed 11/24/2020 4:18 PM
Liz Yongue Completed 11/24/2020 4:30 PM
Board of County Commissioners Completed 12/09/2020 9:00 AM
Board of County Commissioners Pending 01/20/2021 9:00 AM
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C.4.a
RESOLUTION NO. -2020
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, APPROVING PROPOSED
CHANGE TO SECTION 5.02(A)(4) OF THE PERSONNEL POLICIES
AND PROCEDURES MANUAL (OVERTIME).
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WHEREAS, Section 5.02 of the Personnel Policies and Procedures Manual (PPPM),
Overtime Work for Non-Exempt, Non-Emergency Response Employees, currently provides
that employees will only be paid overtime (time and a half) for hours physically worked, which
does not include vacation time, sick time, or holidays; and
WHEREAS, Section 5.02(A)(4) has created difficulty in scheduling employees to work 2
extra shifts and provide necessary coverage, particularly when weekend work is required and
particularly in weeks in which there is a holiday, because as written currently, it is likely that the
employee will only be paid straight time for the weekend shift; and
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WHEREAS, staff is requesting a change, to allow annual leave (vacation), sick leave,
holidays, and compensatory time to count toward regular time for purposes of calculating
overtime; and v)
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WHEREAS, the Personnel Policies and Procedures Board has met, reviewed, and
approved the changes listed below;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA that:
1. Section 5.02(A)(4) of the Monroe County Personnel Policies and Procedures Manual shall be
amended to read as shown below:
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[Language deleted is shown with st+ike�hfettg ; language added is shown with underlining.] >
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' *,'imes Aeip FegHlar-Pate ^6q^�,. Hours physically worked in excess oLforby (40) hours in
a work week will be paid at one and one-half times their regular rate oLpay or the emplovee
will be granted compensatory time as described below in section 5.02 (A) (5)
(b). Employees who use vacation time, sick time, compensatory time, or when a holiday is
duriLg a work week, shall have their vacation, sick, compensatory or holiday time count
towards the first 40 hours of their schedule as `time worked'° or the purposes of calculating 0
overtime or compensatory time.
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C.4.a
2. The above changes shall apply to all Monroe County Board of County Commissioners
employees.
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3. This resolution shall be effective upon adoption by the Board of County Commissioners.
However, the change outlined in this resolution shall take effect on January 31, 2 02 1. 4-
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the day of A.D., 2020.
Mayor Michelle Coldiron
Mayor Pro Tem David Rice
Commissioner Craig Cates
Commissioner Eddie Martinez _ 2
Commissioner Mike Forster
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ATTEST: BOARD OF COUNTY COMMISSIONERS
KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA
By: By:
As Deputy Clerk Mayor
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