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. Time not actually worked does not count towards computation of overtime.
3.22 Lunch and Rest Periods: Lunch and rest periods will be scheduled at the discretion of the
responsible department head. Time off for lunch will not be paid by the county. However, rest
periods not to exceed two (2), each for durations of not longer than fifteen (15) minutes in any work
session of eight (8) hours, will be paid by the county. Daily rest periods not taken are lost.
Modifications to this rule may be granted for mission essential resources such as certain county jail
personnel. However, each department modification must be approved by the Commissioners Court
on a case by case basis.
3.23 Compensatory (Comp) Time / Administrative Leave:
a. COMP TIME: Only non-exempt employees shall be eligible for payment of overtime or
accrual of compensatory time. This section provides authorization by which an employee
may accrue compensatory time, including taking time off, in lieu of cash payment.
1. Non-exempt Employees Compensatory Time Off in Lieu of Cash Overtime
Compensation: This sub-paragraph refers to awarding one and one half hours of
compensatory time for each hour of overtime work. Department heads may have
understandings with employees to provide compensatory time off in lieu of paying
cash overtime compensation. The agreement or understanding for employees may
take the form of an express condition of employment provided:
a. the employee knowingly and voluntarily agrees to it as a separate condition of
employment, and;
b. the employee is informed that the compensatory time received may be
preserved, used or cashed out in accordance with applicable federal overtime
regulations.
An agreement or understanding may be evidenced by a notice to the employee that
compensatory time off will be given in lieu of overtime pay. In such case, an
agreement or understanding is presumed to exist with respect to any employee who
fails to express to the employer an unwillingness to accept compensatory time off in
lieu of overtime pay. The employee's decision to accept compensatory time off in
lieu of cash overtime must be made freely and without coercion or pressure.
2. Non-Exempt Employees Combination of Compensatory Time and Cash Overtime:
Department Heads may have an understanding with employees to provide for any
combination of compensatory time off and cash (for example, one hour
compensatory time credit plus one-half the employee's regular hourly rate of pay in
cash for each hour of overtime worked) so long as the principle of "time and one
half" is maintained.
3. Non-Exempt Employees Limit On Accumulation of Compensatory Time: Eligible
Law enforcement employees may accumulate up to 480 hours of compensatory time
(representing 320 hours of overtime work times the l.5 premium). Other county
employees may accumulate up to 240 hours of compensatory time (representing 160
hours of overtime work times the l.5 premium). Any amount of overtime
accumulated in excess of these limits must be paid in cash.
Nueces County Personnel Policy Manual Page -22-
Approved by Commissioners Court on January _____, 2013