§ 3-117. OVERTIME.
(a) It is the policy of the city that overtime work is to be discouraged. However, in case of emergency or whenever the public interest requires, the Chief Administrative Officer, or any department head with respect to any employee in his department, may require an employee to perform overtime work. No employee shall be required by a department head to perform overtime work except upon the written approval of the Chief Administrative Officer filed with the Controller and Director of Finance. Such approval must be given prior to the performance of the overtime work except when performed in an emergency to prevent loss of life or injury or damage to persons or property or to maintain schedules of the municipal transit system. No employee shall be entitled to compensation or compensating time off for overtime work unless such overtime work is approved as provided in this section.
(b) All employees, except motor coach operators, members of the fire and police departments and employees whose rate of pay is fixed pursuant to the second paragraph of Section 809 of the Charter, shall be compensated for approved overtime work by additional pay as follows:
(1) Work performed on a holiday falling on a regular work day shall be paid for at the applicable hourly rate; provided, that where only a portion of the day is a holiday, employees compensated by fixed monthly or yearly salary who work during such portion may, in the discretion of the department head, be allowed compensating time off with pay in lieu of cash payment, such time off to be taken at such time as the department head shall approve.
(2) Work performed in excess of eight hours on a regular work day and work performed on a Saturday which is a day off but not a holiday shall be compensated at one and one-half times the applicable hourly rate.
(3) Work performed on a Sunday or a holiday which is a regular day off shall be compensated for at twice the applicable hourly rate.
(4) In computing an employee's entitlement to overtime pay under the foregoing rules when his regularly-scheduled work week consists of working days which are other than Monday through Friday, the employee's first scheduled day off in such work week shall be deemed the Saturday and his second scheduled day off the Sunday of such work week. The first scheduled day off in any such work week shall be deemed to be the first day in the calendar week following Sunday which is a regular day off.
(5) The provisions of this subsection shall not apply to any employee who works a regularly scheduled work day of ten hours during a regularly scheduled work week of four days.
(c) Members of the fire and police departments shall be allowed equivalent time off with pay for overtime hours worked, such time off to be taken at times designated by the department head, or, in the discretion of the department head, members may be compensated by cash payment in lieu of such time off. If the member fails to take his accumulated time off at the time designated by his department head, his right to time off or cash compensation for such overtime shall be deemed waived. When such time off is ordered, at least seventy-two hours' advance notice shall be given the affected member. If, on June 30 of any fiscal year, a member shall have accumulated unused time off for overtime worked and, in the case of a member of the police department, unused holiday leave, in excess of a total of forty hours, such member shall be compensated by cash payment for such excess on the next payroll at the applicable hourly rate for overtime compensation.
(d) In a salary resolution, approved memorandum of understanding, or other action of the Council establishing the rates of pay of employees in the city service, may be designated positions, classes of positions or employee groups for which compensation for overtime work, by cash payment or compensating time off, shall not be allowed, or for which the rate of, calculation of, or accumulation of, overtime compensation shall be different from that provided in this section.
(e) Overtime shall not be credited for units of overtime less than one-tenth of an hour, and fractional units of overtime less than one-tenth of an hour shall not accumulate. Each member of the police department who is required, by subpoena or by direction of a court, superior officer, City Attorney, or prosecuting attorney, to attend, and does attend, during off-duty hours, any deposition or court proceeding as a witness, shall be allowed a minimum of two hours overtime credit, regardless of the time he is actually in attendance; provided, however, when he is required to attend, and does attend, a civil proceeding pursuant to a subpoena for which a deposit is required to be made pursuant to Sections 68097.1 to 68097.8, inclusive of the California Government Code, he shall be allowed a minimum of four hours overtime credit. All employees who are required to and do appear for work on a regular day off shall be allowed a minimum of two hours overtime credit, regardless of the time worked. Rules for crediting overtime for motor coach operators and members of the fire department shall be established by the Council, and the provisions of this subsection shall not apply to such persons.
(f) The "applicable hourly rate" used for the purpose of overtime compensation for employees who are compensated by monthly salary shall be:
(1) For members of the fire fighting forces who work a twenty-four hour shift, the quotient of their monthly salary divided by the total number of hours per month currently required to be worked by such members.
(2) For all other such employees, the hourly rate equivalent of their monthly salary as set forth in the current resolution or ordinance fixing such salary.
(g) Motor coach operators shall be paid for authorized overtime in accordance with rules established by the Council.
(h) Rules for allowance of time off, or cash compensation in lieu thereof as provided in subsection (c) hereof, at a different rate from that provided for in this section, for members of the fire department, may be adopted by the Council.
(i) All employees who work a regularly scheduled work day of ten hours during a regularly scheduled work week of four days shall be compensated for approved overtime work by additional pay as follows:
(1) Work performed on a holiday falling on a regular work day shall be paid for at the applicable hourly rate; provided, that where only a portion of the day is a holiday, employees compensated by fixed monthly or yearly salary who work during such portion may, in the discretion of the department head, be allowed compensating time off with pay in lieu of cash payment, such time off to be taken at such time as the department head shall approve.
(2) Work performed in excess of ten hours in one day or on either or both of the first two scheduled days off in a work week shall be compensated at one and one-half times the applicable hourly rate.
(3) Work performed on the third scheduled day off in a work week or on a holiday which is a regular day off, shall be compensated at two times the applicable hourly rate. (Added Ord. 5988, 1961; Am. Ord. 6049, 1962; Am. Ord. 6362, 1963; Am. Ord. 6477, 1964; Am. Ord. 6921, 1967; Am. Ord. 73-116, § 6, eff. 9-2-73; Am. Ord. 78-119, § 1, eff. 9-1-78; Am. Ord. 82-85, §§ 13, 14, eff. 9-17-82).