HomeMy WebLinkAboutOrd 1121 Overtime - Non Exempt EmployeesCITY OF PALM DESERT
HUMAN RESOURCES DEPARTMENT
STAFF REPORT
REQUEST: Adopt Ordinance No. 1121 amending Municipal Code Section 2.52.600,
B. Overtime — Nonexempt Employees
DATE: June 22, 2006
CONTENTS: Ordinance # 1121 , amending Section 2.52 of the Municipal Code
SUBMITTED BY: Lori Carney, Human Resources Manager
Recommendation:
Waive Further Reading and pass to second reading Ordinance # 1121 , amending the
City's Personnel Rules, Municipal Code Section 2.52.
Discussion:
In November 2004, the City Council adopted Ordinance 1072 which constituted a complete
revision of Section 2.52 of the Municipal Code, which contains the City's personnel rules. It
was understood at the time that there were a large volume of changes and additions in the
new ordinance and although it was negotiated in good faith issues, might come to our
attention during its implementation.
A problem has been identified in the designation of the workweek for the computation of
overtime and management and the employee's organization agree that it should be
addressed as soon as possible. The current ordinance excludes Holidays from hours worked
for the computation of overtime. Prior to the adoption of Ordinance 1072, employees who
worked on holidays were paid overtime for such time worked, under the revised verbiage
employees may not be paid overtime for such work.
This has become an issue of concern for a number of employees because of the upcoming
4`h of July activities. This year July 4t' falls on a Tuesday and many employees are scheduled
to work because of the large City event scheduled. In prior years, these employees would
have earned overtime for the time worked on the holiday. Under the Municipal Code's current
wording they will not earn overtime because they will not exceed forty hours worked in one
week.
G:\HR\HR Group DocumentslSlaff Repocts%Koliday overtime staff report.doc
On those limited occasions where the City requires employees to work on normally
scheduled holidays staff feels it is fair and appropriate to pay them overtime for such work
and therefore is recommending that Section 2.52.600, B. Overtime — Nonexempt employees
be amended to strike "Holiday Hours" for those hours which will not be considered hours
worked for the computation of overtime.
Submitted by:
A'wed d p ved:
LORICARNEY LAP. 6ILLIGA
Human Resources Manager ant City Mana or
Community Services
Approval:
CARLOS L. O EGA PAUL GIBSON
City Manager Finance Director
GAHR%HR Group Documents\Statt Reports\Holiday overtime staff report.doc
ORDINANCE NO. 1121
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.52 OF THE
PALM DESERT MUNICIPAL CODE BY AMENDING SECTION 2.52.600,
RELATIVE TO WORKWEEK AND OVERTIME
WHEREAS, the City of Palm Desert has met and conferred in good faith with the
Palm Desert Employees Organization (PDEO) in accordance with the Meyers-Milias-Brown
Act and the City employer - employee relations Resolution No. 81-89; and
WHEREAS, the City of Palm Desert has reached agreement with the employees
represented by the Palm Desert Employees Organization, for the period July 1, 2001,
through June 30, 2006; and
WHEREAS, the modification to Section 2.52.600 does not change the
MOU/Agreement previously entered in between the Palm Desert Employees Organization
and the City of Palm Desert and both parties have reached agreement on the modification;
and
WHEREAS, the Palm Desert Employees Organization and the City of Palm Desert
have reached an agreement that non-exempt employees working on City designated
holidays to protect the health and safety of the City should have the opportunity to earn
overtime pay for such work; and
WHEREAS, there is urgency in adopting this ordinance due to the upcoming 4th of
July events in the Civic Center Park; and
WHEREAS, holiday hours shall be considered hours worked for the computation of
overtime pay for non-exempt employees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. That Section 2.52.600 of the Code of the City of Palm Desert, California,
be and the same is hereby amended to read as follows:
Section 2.52.600 Workweek and overtime.
"B. Overtime —Nonexempt Employees. Nonexempt employees must record their
actual time worked for payroll and benefit purposes from the time work begins and
ends, as well as the beginning and ending time of each meal period. Nonexempt
employees must also record any departure from work for any non -work -related
reason.
When operating requirements or other needs cannot be met during regular working
hours, an employee may be scheduled to work overtime. A supervisor must
authorize all overtime work in advance. Working overtime without prior authorization
ORDINANCE NO. 1121
may result in disciplinary action. Nonexempt employees will be paid time and one-
half compensation for all hours worked in excess of forty hours in one workweek.
Department directors or managers may authorize overtime work for an employee.
Unless otherwise agreed to, work in excess of forty hours in a workweek shall be
considered overtime work.
Vacation leave and sick leave hours shall not be considered hours worked in the
computation of overtime. Overtime work performed by an employee shall be
compensated by payment at the rate of one and one-half times the employee's
regular rate of pay for the workweek in which overtime was worked."
Section 2. That the City Council has determined that it is necessary to provide
services to its residents on holidays; and because of the approaching July 41h Holiday
activities in the Civic Center Park being sponsored by the City, finds it appropriate to enact
the provisions of this ordinance, and it shall become effective immediately upon its
adoption.
Section 3. That the City Clerk shall certify to the passage and adoption of this
ordinance and shall cause the same to be published once in The Desert Sun, a newspaper
of general circulation, printed and published in the County of Riverside and circulated
within the City of Palm Desert.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Palm Desert, California, at its regular meeting held this day of June, 2006, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
7
JIM FERGUSON, MAYOR