CC Resolution No. 3649 RESOLUTION N0, 3649
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DELETING CERTAIN PORTION5 OF TH~ RULES ON CONDITIONS
OF ~LOYMENT ANb ADDING C~RTAZI~ PORTIONS IN ORbER TO
CONF4RM TO THE FAZR ~.ABOR 5'TANDARD5 ACT
~rmr~r~~rs oF 1974
WHEREAS, Sections 9.~, 9.7., 9.2 and 9.3 of the Ru1es on Conditions
of Employment, adopted an in effect pursuan~ to the Personnel Code, con~ain
provisions provid3.ng comp~nsa~ion or comp~nsatory t3m~ off for work performed
in excess of ~he normal work w~~'k for rnanag~mant, conf3.d~ntial and repre-
sented class~s of emp~.oyees; an~
WH~REAS, ~he C~.~ey Counci~. has nffiCially adopted a management
compensati.on plan with provisions for racogn3tion of the excess labor
occasiona~.ly n~cessary for both managem~nt and conf3.dential employees; and
WHEREAS, th~ Fa3r ~abor Stan~ards Act Ames~dments of 1974 bring
non-exempt ~mployees of t'he ci~y un~er the prov3.sions of the Fair Labor
Standards Act of i~38, as amend~d, t'hsreliy regulating the number of hours
that may be worked and requirir~g tim~ and one-half compensation for
excess work fnr.non-~x~np~ ~mpl.oyees;
NOW, THEREFORE, BE IT RESOLV~D:
Sectiions g.b, 9.1, 9.2, anc~ 9.3 of t~he Ru1es on Conditions of
Employment 3s h~re'by amend~d to read:
~ Section 9.0. Overtime
It shall be the po7.icy of the City to keep overtime at a
minimum. Wh~n sitiuations arise wh3.ch require an employee to perform
outs3.d~ of t'he norma~. wor'k w~~k, campensation sha~.l be made in one
of the following ways.
S ec t ion 9.1. . Non-F,xemp t Over t 3.me
Al1 approved ~aork p~rformed by emp].oyees covered by the Fa3.r
Zabor Standards Ac~, in excess of 40 hours in any work week, sha1.].
b~ paid at the ra~e of one and on~-half (.1. 1/~) timss the normal.
rate of pay. Wor'k p~rformed on Saturdays, Sundays and City holidays
or during an amploye~'s schedu~.ed vacation sha11 be considered to be
overtimg and paid according7.y.
5ection 9.2. ~',xempt, Non-Management Ov~rtime
An employea exempt from ~he Fair Labor Standards Act and not
eligib~.~ urider ~Ch~ Manag~m~nt Compensation Program who is raquired
to perform assigned du~Cigs in excess of 40 hours in any worlc week may,
at the empl.oyees option receiv~ compensatory t3.me off in like amounts
for time so worked or b~ paid at one and one-half times the regular
rate for such work.
Section 9.3. Management and Confidential Overtime
All approved work in excess of the normal work day or normal
work week performed by employees occupying positions officially
designated as management or confidential and not otherwise compensated
shall be compensated with compensatory time off in like amount for
the time so worked. Such compensatory time off shall not be officially
recorded for attendance and payroll purposes, and shall be taken at
such times within the calendar year in which it is earned as is
mutually agreed upon between the employee and the supervising department
head.
2. Policy No. 6 in the Management Compensation Program, Compensatory
Time Off, is amended to read as shown in Exhibit "A", which by this reference
is made part of this Resolution.
PASSED AND ADOPTED at an adjourned regular meeting of the City Council of the
City of Cupertino on this 30th day of April, 1974, by the following vote:
Vote: Members of the City Council
AYES: Frolich, Jackson, Nellis, Sparks
NOES: None
ABSENT: Meyers
ABSTAIN: None
APPROVED:
/s / Reed Sparks
Mayor, City of Cupertino
ATTEST:
/s/ Wm. E. Ryder
City Clerk
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City of Cupertino
MANAGEMENT COMPENSATION PROGRAM
Policy No. 6
It is~a City of Cupertino policy that those employees eligible under the
management compensation program who work in excess of the regular work week
typical of the majority of other employees, and who are not otherwise compensated,
shall be entitled to compensatory time off in like amount for time so worked.
Such "overtime" worked or compensatory time taken off shall not be recorded
for attendance or payroll purposes.
Individuals designated as a part of management are employed to perform
specific functions. In many cases the fulfillment of a given function requires
• effort without regard to regular working hours. In some instances this additional
effort will be compensated througfi payments specified in overiding State or
Federal laws, but in others it remains an uncompensated requirement of the job.
Often, however, these additional requirements are cyclical and provide later
opportunities for compensatory relief from the extended work efforts. At such
times when it is possible to do so., it is expected that the affected person
and the concerned supervisor will agree as to when compensatory time off will
be taken. It is the stated purpose of this policy to provide some periods of
time for otherwise uncompensated employees to relax and become disassociated
from the stresses of work and, in part, to offer recognition for the demands
of required but unrecorded overtime.
•
Adopted by Action
of the City Council
April 30, 1974