Title
From the Director of Human Resources, an adopted resolution/ordinance amending Chapter 17.16(1)(b) of the Milwaukee County Code of General Ordinances regarding overtime compensation to make them consistent with the provisions of the Fair Labor Standards Act (FLSA). (Quarterly reports due.) (INFORMATIONAL ONLY UNLESS OTHERWISE DIRECTED BY THE COMMITTEE)
Body
Issue
Milwaukee County Code Section 17.16 governs overtime compensation for non-represented employees. As amended in November of 2009, the Code states that non-represented employees that are exempt from the requirements of the Fair Labor Standards Act (FLSA), other than ECP employees, shall be compensated for overtime for all hours worked in excess of forty hours in a week on a straight time basis and may only liquidate accrued overtime as compensatory time off. Accrued overtime for FLSA exempt staff will be paid out at termination. The Code requires the Director of Human Resources to provide the Personnel Committee with quarterly reports of all overtime paid to non-represented employees that are FLSA exempt.
Background
In November of 2009, Milwaukee County amended Section 17.16(1)(b) of the County Code which governs overtime compensation for non-represented employees, as follows:
§ Nonexempt employees: Employees holding positions which are non-exempt from the FLSA
shall receive time and one-half for all hours worked over forty (40) hours per week.
§ Exempt employees: Employees holding a position exempt from the FLSA who are not in an executive classification shall be compensated for overtime for all hours worked in excess of forty hours in a week on a straight time basis and may only liquidate accrued overtime as compensatory time off unless otherwise approved by the Director of Human Resources.
Overtime Paid to Non-Represented Employees
The attached spreadsheet summarizes overtime compensation for non-represented and FLSA exempt employees for Quarter 3 & 4 of 2012.
Per a memo to departments from the Controller, dated December 22, 2009, departments were to grant overtime only in cases of critical need. Central Payroll, with the assistance of Human Resources, will continue to monitor requests for overtime payment to ensure that the pay policy is consistent with the County Code.
Recommendation
This report is informational only.