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ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: May 25, 2023  Amends - GO 4.2.4 ( August 8, 2014 ) Number: 4.2.4 Distribution: All Personnel Review Month: April Reviewing Authority: HRD / Employee and Labor Relations Subject: Overtime This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to reward personnel for work past assigned hours consistent with legal guidelines. 2. Policy The agency complies with all provisions of the Fair Labor Standards Act (FLSA) which requires employees to be compensated for time worked beyond normal hours. 3. Definitions A. Actual Hours Worked - hours physically on the job. B. Basic Hours – include the total actual hours worked and/or leave hours taken up to 40 hours (non -sworn) and 80 hours (sworn). C. Compensatory Time - hours paid to employees in lieu of monetary compensation for time worked in excess of scheduled duty hours. D. Exempt Employees - empl oyees in positions that are exempt from overtime because of the duties they perform (e.g., executive, administrative, professional, and computer professionals) per Fair Labor Standards Act (FLSA) . E. Flex Time - management prerogative designed to permit e mployees to be released from duty for the remainder of a normal scheduled work period for the purpose of eliminating the need for overtime compensation. F. Fair Labor Standards Act (FLSA) - federal legislation that sets the standards for employee work hours and compensation. G. Paid Overtime - monetary compensation paid to employees for time worked in excess of scheduled duty hours in a standard work period . 4. Procedures A. Compensatory Leave 4.2.4 , Page 2 of 3 1. Compensatory leave is granted to eligible employees only after it is earned. Employees may utilize compensatory leave only after they have received approval fr om their immediate supervisor. Employees desiring to use earned compensatory leave must request permission in sufficient time for the supervisor to app ropriately schedule personnel. Compensatory leave is utilized in thirty (30) minute increments. 2. Employees are encouraged not to accrue more than forty (40) hours of compensatory leave. A limit of one hundred sixty (160) hours of compensatory leave is the maximum amount of accrued hours allowed. Supervisors and managers are responsible for carefully monitoring the accrual of compensatory leave. Maximum limits may be waived by the Sheriff. 3. Compensatory leave must be requested on the appropriate form. 4. Supervisors and managers are tasked with the responsibility of carefully monitoring the accrual of compensatory leave. Supervisors and employees shall work together to schedule a mutually agreeable time for the employee to use compensation time close to or over the accrual limit. When an employee has reached the compensation accrual limit, supervis ors are encourage d to pay overtime in lieu of accruing additional compensation time over and above the cap, or flex the employee for the remainder of the pay period. B. Volunteer Duties 1. The FLSA allows employees to volunteer their time to the employer only if the volunteer duties are in a totally different capacity than their normal employment duties. No overtime compensation will be granted for volunteer duties. 2. Exempt employees may volunteer their time in any duty capacity. C. Overtime Compensat ion 1. Overtime funds will be allocated to Division and Section commanders as necessary to achieve the objectives of the agency. Managers and supervisors are authorized to compensate employees for actual hours worked beyond their basic hours in a standard work period by utilizing paid overtime, or compensatory time. Paid overtime/compensatory time is compensated as follows and is rounded to the nearest half hour: a. Non-Sworn Employees - time and one -half for actual hours worked over forty (40) hours in a standard work period . b. Sworn Employees - straight time for actual hours worked over eighty (80) hours in a standard work period up to the eighty -second (82) hour. Any hours worked over the 82nd hour in a standard work period are granted at time and one -half. D. When employees work during non -duty hours or are called back to work during off - duty hours, they will receive the appropriate overtime rates as established in 4.2.4 , Page 3 of 3 paragraph C1(a)(b) above. E. Employees may voluntarily "swap " work days with other employees with approval from each employee's supervisor. The agency is not obligated to overtime compensation if a non-sworn employee subsequently works more than forty (40) hours in a seven (7) day work week or eighty (80) hours in a fourteen (14) day pay period (or) if a sworn employee works more than eighty -two (82) hours in a fourteen (14) day pay period, as a result of the voluntary swap. 1. Payroll records, including employee time sheets and payroll transmittals, will accurately reflect the days worked by each employee. Payroll records will indicate that the employee is working the additional hours as a result of a volunt ary swap. 2. Employees swapping hours must complete a "Schedule Trade Agreement". These will be maintained with the