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11.0423 Overtime Compensation & Compensatory Time Policy.

Cite as [A.S.A.C. § 11.0423]

A. Permanent, probationary, emergency and temporary LBJ-ASMCA employees in the Career Services in grades one through eleven on LBJ¬ASMCA General Salary Schedule are eligible to be compensated for overtime at the rate of one and one half times (1 _) their regular pay for all hours required to be worked in excess of eight hours in a work day, or 40 hours in a work week. The Chief Executive Officer may authorize compensatory time in lieu of overtime, and if so authorized such compensatory time will be earned at the rate of one and one half hours for each whole hour worked in this status.

B. Permanent, probationary, emergency, and temporary LBJ-ASMCA employees in the Career Service in grades twelve through eighteen on LBJ¬ASMCA General Salary Schedule are eligible to be compensatory time for any time worked beyond 8 hours in a work day or 40 hours in a work-week in an hour for hour basis.

C. Contract employees may accrue compensatory time at the rate of one hour for each hour worked in excess of eight hours in a work day or 40 hours in a work-week only if the Chief Executive Officer makes an advance determination that accrual of such compensatory time is in the interest of LBJ American Samoa Medical Center Authority. In no case shall compensatory time be awarded solely for the convenience of the contract employee.

D. Compensation.

1. All other types of employees are ineligible for either overtime pay or compensatory time.

2. Overtime pay or compensatory time shall not be authorized for any employee who has worked less than 8 hours in a work day, or 40 hours in a work-week.

3. Each work-week shall stand alone and the process of averaging hours worked over two or more weeks shall not be permitted.

4. An employee’s work-week shall be 40 hours in a fixed and regularly recurring period of 168 hours in seven consecutive 24 hour periods. It need not coincide with the calendar week but may begin on any day and at any hour of the day. Once the beginning time of an employee’s work-week is established, it shall remain fixed, until changed. A change intended or designed to evade the overtime requirements is prohibited.

5. The requirement that overtime shall be paid or compensatory time provided after 8 hours a day or 40 hours a week shall not be waived by any agreement between a supervisor and an employee.

E. “Hours worked”, in general, includes all the time an employee is required to be on duty or on the LBJ-ASMCA premises or at a prescribed workplace and all time during which the employee suffered or permitted to work.

F. Attendance at lectures, meetings, training programs and similar activities will not be counted as hours worked beyond the scheduled work¬day or work-week. If attendance is outside the employee’s regular working hours and is required by the Chief Executive Officer, overtime or compensatory time may be awarded if otherwise applicable.

G. Compensatory time may be accumulated in the same manner as annual leave, even though no payment can be given in lieu of compensatory time accrued but not taken.

H. Where an eligible employee in a single work-week works at two or more different types of work for which different straight time rates have been established his regular rate for that week for overtime purposes shall be the weighted average of such rates. That is, the employee straight time earnings from all such rates shall be added together and this total is then divided by the total number of straight time hours worked at all jobs.

I. Employees leaving LBJ-American Samoa Medical Center Authority employment shall be compensated in cash for accumulated overtime during separation.

1. In the event of death of an employee, the individual’s accumulated overtime shall be paid to appropriate persons provided by this manual.

2. If a function or program, together with assigned employees, is transferred from one to another division, all accumulated overtime shall also be transferred.

J. Human Resources Division is responsible for keeping appropriate records of hours worked, leave, (earned, used, accrued, etc.) for the employees.

History: Rule 06-98, eff. Mar. 3, 1999