STATE OF GEORGIA
COUNTY OF FULTON
CITY OF SOUTH FULTONRES2024-005
A RESOLUTION AMENDING THE CITY HUMAN RESOURCES POLICIES AND PROCEDURES MANUAL; AND FOR OTHER LAWFUL PURPOSES
(Sponsored byCouncilmember Williams-Brown)
WHEREAS, it is the policy of the City to treat employees and prospective employees in a manner consistent with all applicable employment laws and regulations; and
WHEREAS, the City Council desires to amend the City’s policies and procedures Manual for City employees; and
WHEREAS,thisResolutionisinthebestinterestsofthehealth,safetyandgeneral welfare of the City and its employees and residents.
NOW THEREFORE, THE COUNCIL OF THE CITY OF SOUTH FULTON, GEORGIA, HEREBYRESOLVES:
Section 1. TheCity of South Fulton Human Resources Policies and Procedures Manual is hereby amended to reflect changes in the following section:
Policy Number 314 -18 OVERTIME AND COMPENSATORY TIME
I. Statement of the Policy
ItisthepolicyoftheCitytoproperlycompensateemployeesforalltimeworked,including paymentofovertimeandaccrualofcompensatorytime,asallowedbyandinaccordance with applicable law.
II. Applicability
This policy and procedure appliesto all employees who are “exempt” as defined in the Fair Labor Standards Act (FLSA).
1. Overtime Pay
Whenoperatingrequirementsorotherneedscannotbemetduringregularworkinghours, employeesmay be scheduled to work overtime. Non-exempt employees willbepaidone and one-half (1.5) times their regular rate of pay for all hours worked in excess of the applicable maximum hours as listed below and as otherwise required by applicable state andfederallaworcollectivebargainingagreement.•40hoursinonestandardworkweek forallnon-exemptemployeesexceptthoseengagedinlawenforcementorfireprotection activities (as defined in 29 U.S.C. § 207(k));
• 106 hours in one 14-day work period for non-exempt fire protection employees (as defined in29 U.S.C. §207(k)); or
• 86 hours in one 14-day work period for non-exempt law enforcement personnel (as defined in29 U.S.C. §207(k)).
Paid time, i.e., sick pay, holiday pay, vacation pay, and jury duty pay (where applicable) willnot count toward hours worked for the purpose of determining overtime pay. All overtime work must be authorized in advance by the employee’s supervisor. Employees will be compensated for all time worked. However, working overtime without prior authorization may result in disciplinary action. The standard work week and 14-day workperioddiscussedabovearedefinedintheWorkWeek,WorkPeriod,andPayPeriod Policy.
2. Accruing Compensatory Time
The City may offer time off with pay (compensatory time) in lieu of overtime pay for overtime worked as provided byapplicable lawto anexempt employee to whom the City has provided sufficient notice under the law informing the employee that compensatory time will be provided in lieu of overtime pay as allowed by law.
Compensatory time for exempt employees shall accrue at the rate of one and one-half (1.5) hours for each hour worked in excess of the applicable maximum hours set forth aboveinSectionII(1)orasotherwiserequiredbyapplicableStateandFederallaw.Paid timeoffsuchas sickpay,holiday pay,vacation pay,and juryduty pay(whereapplicable) willnot count toward hours worked for the purpose of determining overtime pay.
Law enforcement, fire protection, and emergency response personnel and employees engaged in seasonal activities may accrue up to 120 hours of comp time;. Eligible employees may not accrue more than 120 hours of compensatory time at any time. Exceptions may be made on a case-by-case basis,subject to approval by the City Manager.
Ifanemployeebelieves heorshe hasbeen subjectto an improper salarydeduction,has been improperly classified as exempt or non-exempt, or has not been paid overtime for any hours worked over theirrespective work period, the employee should notify HR and Finance directly.
Employees exempt from FLSA shall be given compensatory time off at the rate of one hour for each hour worked beyond their regularly scheduled work period. Exempt employees are not eligible for overtime pay.
III. Procedure for Using Compensatory Time
Eligible Employees are encouraged to use their accrued compensatory time, and each employee must use all compensatory time accrued by the end of the calendar year in which the time was earned. To request the use of compensatory time, an employee should submit a written request to their supervisor as far in advance as possible. Any leave taken by an employee will be charged against accrued compensatory leave
balances, if available, before any holiday or vacation balances are charged.Hours of compensatory time used during a work week do not count towards “hours worked” for that work week for purposes of assessing whether an employee is entitled to payment of overtime, calculation of holiday payor accrual of additional compensatory time.
IV. Paying out Compensatory Time
Employees, supervisors, and department heads should closely monitor comp time accrualstoensurethemaximumaccrualisnotexceeded.Compensatorytimewillbepaid out as following (whichever occurs first):
1. Separation of employment
2. Change in classification affecting compensation (i.e. promotion/ demotion)
IftheCityinitsdiscretiondecidestocashoutanemployee’saccrued compensatorytime balanceatatimeotherthanupontermination,paymentsfor suchaccruedcompensatory time will be paid at the regular rate earned by that employee at the time the employee receives such payment.
Departments of the City that receive funding from external funding sources for reimbursementofpaymentsbytheCityforovertimehoursshallbepermitted,totheextent of such external funding and in accordance with the terms and conditions for which such external funding is being made available, to allow employees to be paid overtime pay; provided, further, that provisions for the accrual of compensatory time shall not apply when coveredemployeesarepaidforovertimehoursand theCityis reimbursedfor such payments from external funding sources.
Section2.AnupdatedSouthFultonHumanResourcesPoliciesand ProceduresManual reflectingthe above listed change in this resolution ishereby adopted by Council.
Section 3. The City Attorney and City Clerk are authorized to make non-substantive editing and renumbering revisions to this Resolution for proofing, codification, and supplementation purposes. The final version of all resolutions shallbe filed with the City Clerk.
Section 4. All resolutions or parts thereof that arein conflict with this Resolution are, to the extent of such conflict, hereby repealed.
Section5.TheeffectivedateofthisResolutionshallbefromthedateofadoption,unless provided otherwise by the City Charter or state and/or federal law.
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