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Employee & Labor Relations

A Resource for County of San Mateo Employees, Supervisors, and Managers

07. Overtime

Extra Help AFSCME-SEIU, MOU

7.1 Authorization

All compensable overtime must be authorized by the department head or their designated representative in advance of being worked. If prior authorization is not feasible because of emergency conditions, a confirming authorization must be made on the next regular working day following the date on which the overtime was worked. Overtime worked must be in the job classification in which the person provides extra-help services, or in a classification for which the extra-help employee is authorized higher pay for work in a higher classification.

7.2 Definition

Except as otherwise provided by Charter, any authorized time worked in excess of 40 hours in the workweek shall be considered overtime and shall be compensable at the rate of one and one-half (1-1/2) times the overtime worked. Extra-help employee shall be paid at the overtime rate after having worked forty hours during their normal workweek, which is a fixed and regularly recurring period of seven consecutive twenty-four hour periods.

Overtime resulting from required attendance at training classes or training meetings shall be compensable at the straight-time rate in an amount equal to the overtime worked unless monetary payment at a different rate is prescribed for an employee covered by the Fair Labor Standards Act. The smallest increment of working time that may be credited as overtime is six (6) minutes. Portions of six (6) minutes worked at different times shall not be added together for the purpose of crediting overtime. Overtime shall be calculated from the employee’s base pay only unless monetary payment at a different rate is prescribed for an employee covered by the Fair Labor Standards Act.

7.3 Work Groups

The Director of Human Resources shall allocate all job classifications to the following described work groups for purposes of determining categories of extra-help to be compensated by monetary payment. The decision of the Director of Human Resources shall be final; provided, however, that prior to changing the work group of an existing classification covered by this Memorandum of Understanding the Director of Human Resources shall notify the Union of the contemplated change and if requested, discuss with the Union the reasons for the work group change.

(1) Work Group 1: All extra-help employees covered by the Fair Labor Standards Act shall be allocated to Work Group 1. Extra-help employees in Work Group 1 shall be compensated for overtime worked by monetary payment only. All monetary payments for overtime must be paid not later than the next biweekly payroll following the pay period in which the overtime was worked.

(2) Work Group 2: Extra-help employees in Work Group 2 shall not be assigned work beyond forty (40) hours in a workweek.

Note: Work Groups 3 and 4 pertain to employees not covered by this Memorandum of Understanding.

(3) Work Group 5: Extra-help employees in Work Group 5 are exempted from the Fair Labor Standards Act and shall be compensated for overtime worked by monetary payment only.

Notwithstanding the allocation of job classifications to work groups, any extra-help employee covered by the Fair Labor Standards Act shall be compensated in accordance with the Act.

Should the County, through some future Federal ruling, be exempted from the Fair Labor Standards Act, the County shall then revert to the base rate for the computation of overtime.

7.4 Out of Town Weekend Work Assignments

Any extra-help employee who is assigned work that requires them to be out of town overnight on one (1) or more weekend days shall be compensated as follows:

(1) Fifty dollars ($50.00) per day for each weekend day (Saturday and/or Sunday) the extra-help employee is out of town; and

(2) Regular and/or overtime compensation as provided in this section for each hour actually worked during such assignments, subject to the usual pre-approval requirements; and

(3) Travel time for such assignments shall be compensated at actual time traveled, portal-to-portal. If such travel time results in actual time worked of more than forty (40) hours per week, then such time shall be paid pursuant to the provisions of Overtime set forth in Section 7 of this MOU.