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OVERTIME AND COMPENSATORY TIME

OVERTIME AND COMPENSATORY TIME - Northampton County

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2. Monitoring Compensatory Time<br />

OBSERVATION<br />

Per the Employee Policies Manual, Code 3.402, Section Hours of Work –<br />

Overtime, Comp. Time, and Release Time, “The County reserves the right to<br />

offer compensatory time off in lieu of paid overtime . . . and the employee retains<br />

the right to refuse compensatory time off in lieu of paid overtime. . . . When the<br />

collective bargaining agreement is silent on the subject of Compensatory Time<br />

Off in Lieu of Overtime (Comp. Time) for FLSA non-exempt employees, Comp.<br />

Time shall not be an option and paid overtime shall prevail”.<br />

Among some of the guidelines in the Policies Manual are the following:<br />

• Comp time is earned at time and one half of the hours worked.<br />

• Accurate records showing time worked shall be certified to by the<br />

employee and maintained by the supervisor.<br />

• Earned compensatory time must be recorded in the County’s central<br />

payroll system as part of the regular payroll processing.<br />

• Comp time earned must be used within forty (40) working days of<br />

occurrence or paid at overtime rate.<br />

• FLSA non-exempt employees may not accrue more than 240 hours of<br />

comp time with some exceptions.<br />

• Any balance of unused comp time should be paid to the employee<br />

before the employee transfers from one department to another.<br />

• Upon separation from County employment, payment for all<br />

accumulated comp time will be made in one lump-sum payment at the<br />

employee’s final regular rate.<br />

Our testing revealed the following items:<br />

• The County supervisors, as a whole, are not monitoring accrued comp<br />

time balances for the maximum balances allowed and the timeframe in<br />

which balances must be used or paid out. Balances are allowed to<br />

accumulate above the maximum accrual amount and are allowed to<br />

carryover for long periods of time creating a situation in which the<br />

County could be responsible for paying out wages at a higher rate<br />

when time is taken or upon separation from County employment. This<br />

increases overtime costs.<br />

• Gracedale is not recording comp time in the County’s central payroll<br />

system as part of the regular payroll processing using the pay codes<br />

set up in Lawson. They have been overriding the Lawson system<br />

comp time balances to reflect comp time earned. Comp time used<br />

was recorded properly.<br />

• The Deputy Sheriff Association’s collective bargaining agreement is<br />

silent with regard to comp time except with regard to overnight<br />

assignments. Deputy Sheriffs earned comp time for assignments<br />

other than overnight work after their contract effective date which is in<br />

violation of the County Employee Policies Manual and the Deputy<br />

Sheriff Association collective bargaining agreement.<br />

RECOMMENDATION<br />

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