CITY OF PORTLAND

HUMAN RESOURCES

ADMINISTRATIVE RULES

CLASSIFICATION &

COMPENSATION

HOURS OF WORK, OVERTIME COMPENSATION &

MANAGEMENT LEAVE: FLSA EXEMPT EMPLOYEES

Overtime Compensation Not Authorized For Employees Who Qualify as Exempt under FLSA

Compensation for hours worked beyond 40 in a workweek is not authorized for employees who qualify for exemption as defined by the Fair Labor Standards Act (FLSA). Acceptance of an exempt position with the City of Portland constitutes acknowledgement that job responsibilities may require a workweek in excess of 40 hours in a workweek.

Emergency Exception: Exempt employees may be eligible for overtime or compensatory time off, at straight time, for additional hours worked necessitated by an emergency, as declared by the Mayor pursuant to Portland City Code section 15.08.020 or in accordance with the requirements of an established Bureau emergency plan, or as otherwise approved by the Director of Human Resources and City Council.

Specific Exceptions:

1.  Public Works Supervisors and Electrical Supervisors

With the approval of the Bureau Director, Public Works Supervisors and Electrical Supervisors will be eligible for overtime at time and a half for additional hours worked when supervising a field crew working overtime or when responding to urgent service situations (such as, but not limited to, weather related emergencies, infrastructure system failures, and providing mutual aid to other bureaus/agencies responding to urgent situations). Such employees will not be eligible for management leave in addition to overtime.

2.  Bureau of Emergency Communications

 ECS I

With the approval of the Bureau Director, ECS Is will be eligible for overtime at time and a half for additional hours worked when providing 24 hour 9-1-1 operations unit coverage or when responding to urgent service situations (such as, but not limited to, weather related emergencies, infrastructure system failures, and providing mutual aid to other bureaus/agencies responding to urgent situations). Such employees will not be eligible for management leave in addition to overtime.

3. Bureau of Emergency Communications

ECS II

With the approval of the Bureau Director, ECS II’s will be eligible for overtime at time and a half for additional hours worked when providing coverage for ECS Is and when responding to urgent service situations (such as, but not limited to, weather related emergencies, infrastructure failures and major emergency situations in the City of Portland). Such employees will not be eligible for management leave in addition to overtime.

Call Back Pay

There is no "call-back" pay for non-represented FLSA exempt employees who are called to return to work in situations other than an emergency, as defined in an existing Bureau Emergency Plan or as declared by the Mayor pursuant to Portland City Code Section 15.08.020.

Absences of Less than One Day

Absences of less than one day should not be charged to accumulated time off such as vacation or sick leave or taken as leave without pay for nonrepresented FLSA exempt employees. Absences must still be pre-approved according to bureau work rules and expectations.

Bureaus and individual managers are responsible for setting and monitoring accountability expectations.

Management Leave

A bureau director may grant up to eighty (80) hours additional paid leave per calendar year to nonrepresented employees who are not eligible for overtime compensation. The intent of management leave is to recognize the additional individual efforts, performance and achievements beyond the standard workweek. The granting of management leave, and the amount of leave awarded, is at the discretion of the bureau director and does not constitute guaranteed time off for non-represented employees who are exempt from overtime compensation. 53-hour FLSA exempt employees in the Fire Bureau may receive 106 hours of management leave per calendar year.

Management leave cannot be carried over to the following calendar year nor will it be paid out in cash if it is not used.

FLSA exempt employees are not eligible for compensatory time except as stated under the bureau emergency exceptions above.

FLSA Exempt Employees Covered by a Collective Bargaining Agreement

Rules for Hours of Work and Overtime for any represented FLSA exempt employee will be administered according to the collective bargaining agreement.

Administrative Rule History

Adopted by Council March 6, 2002

Effective April 5, 2002