Chapter 3.40
COMPENSATION AND HOURS
Sections:
3.40.010 Preparation of compensation plan.
3.40.020 Promotional salary increase.
3.40.050 Time sheets and timekeeping.
3.40.060 Overtime compensation.
3.40.070 Standby (on-call) time.
3.40.090 New employees prorating of increases.
3.40.110 Working out of class pay/acting pay.
3.40.010 Preparation of compensation plan.
Working within the budget, the general manager shall prepare a compensation plan covering all grades of positions in the district showing the salary ranges which the grades receive. The general manager shall have complete discretion to set salary ranges and other forms of compensation consistent with state and federal law. [Res. 10-13 Art. 7 § A].
3.40.020 Promotional salary increase.
When an employee is promoted to a new position, they will be eligible for a pay increase of five percent or to the minimum of the new grade level, Step 1, whichever is greater. [Res. 10-13 Art. 7 § B].
3.40.030 Longevity pay.
Each full-time employee of the district, hired prior to September 1, 2004, shall have his/her regular base wage or salary increased by $20.00 per month upon attaining the tenth, fifteenth, and twentieth uninterrupted years of service, respectively. (Separate line item on check.) Employees hired on or after September 1, 2004, are not eligible for longevity pay. [Res. 10-13 Art. 7 § C].
3.40.040 Hours of work.
Employees will be in attendance at their assigned work areas in accordance with the rules regarding hours of work, holidays, and leaves. The district office will be open for its customers from 7:30 a.m. to 5:00 p.m. on all days of the year except Fridays, Saturdays, Sundays, and district holidays. Employees will be off every Friday.
The regular work hours for most full-time staff employees will be 7:00 a.m. to 5:30 p.m. (one-half-hour lunch), Monday through Thursday. The general manager may direct an employee to work a different schedule (i.e., Tuesday through Friday) when it is in the best interest of the district.
The regular work hours for wastewater treatment plant and collection system employees will be 7:00 a.m. to 3:30 p.m. (one-half-hour for lunch) Monday through Friday. The general manager may direct wastewater treatment plant and/or collection system employees to work a different schedule (i.e., four 10-hour days Monday through Thursday or Tuesday through Friday) when it is in the best interest of the district.
All regular full-time employees will be required to work a minimum of 40 hours a week. Employees will be provided a 15-minute rest break mid-morning and a 15-minute rest break mid-afternoon. The breaks will be structured so that district business and service to the public are not disrupted and may not be taken within the first two hours (before 9:00 a.m.) or last two hours (after 3:30 p.m.) of the employee’s work day. This break time cannot be accumulated. [Res. 21-01; Res. 19-13 § 2 (Att. A); Res. 15-05 Att. A; Res. 12-18 Att. A; Res. 11-21; Res. 11-03 Att. A § 2; Res. 10-13 Art. 7 § D].
3.40.050 Time sheets and timekeeping.
A. Nonexempt employees must record their time worked on a standard time sheet for payroll purposes. At the district’s discretion, exempt employees may also be required to record their times. Each employee is responsible for the daily recording of all time worked. Employees are responsible for reviewing their time sheets and confirming that both their time sheets and their paychecks accurately reflect their actual hours worked. Supervisors are also responsible for reviewing all time sheets submitted by subordinates. An employee must report time sheet or paycheck errors immediately in writing to the human resources department. Any correction will be included in the pay period for the time period in which the correction occurred, unless otherwise stated at the time of the correction.
B. Pre-Shift Work by Nonexempt Employees. The district will pay for all work performed by nonexempt personnel, whether authorized or not. However, generally, nonexempt employees are prohibited from engaging in pre-shift work unless expressly authorized by a supervisor. Performing pre-shift work without authorization may result in employee discipline, up to and including potential termination of employment. The district recognizes that some nonexempt employees prefer to clock in early, not for the purposes of work but for the employee’s own convenience and to avoid the queue for clock-in. To accommodate this preference, the district allows early clock in without presuming work has begun until shift start. Any employee performing work prior to shift start must note actual work start time and notify his or her supervisor.
C. Per Pay Period Review and Approval of Hours. Nonexempt employees are required to review all time sheets and all paychecks to ensure accuracy, including confirmation of any deviation from schedule start time or meal period. Each employee will review time sheets on a biweekly basis and initial to certify the accuracy of the work times noted. Any requested changes must be made in writing to the supervisor. In addition, each employee will review his or her paystub upon receipt of pay in order to confirm the accuracy of the hours paid. Any errors must be reported in writing to the supervisor and to the human resources department. If a nonexempt employee clocks in and out at or before the seven-minute mark within a 15-minute window (e.g., 7:07 a.m. and 5:37 p.m.), their time rounds down (to 7:00 a.m. and 5:30 p.m., in this case). If the nonexempt employee clocks in and out after the seven-minute mark, their time rounds up (to 7:15 a.m. and 5:45 p.m., in this case). All employees are expected to arrive to work on time according to each employee’s work schedule. Employees who fail to arrive to work on time may result in employee discipline, up to and including potential termination of employment. [Res. 20-03 § 2 (Exh. A); Res. 12-18 Att. A; Res. 10-13 Art. 7 § E].
3.40.060 Overtime compensation.
A nonexempt employee will be compensated at one and one-half times their rate of pay for hours worked in excess of 40 hours in a workweek. Hours actually worked, plus paid time off (“PTO”), floating holidays, and district holidays, will be included in the overtime calculation.
An employee must have prior supervisor approval to work any overtime. The only exception to the pre-approval requirement is for the field employee assigned to standby (on-call) duty or those called out for an emergency. [Res. 20-10 § 2 (Att. A); Res. 18-11 § 2 (Att. A); amended by district 5/2012; Res. 11-21; Res. 10-29; Res. 10-13 Art. 7 § F].
3.40.070 Standby (on-call) time.
A. Standby (On-Call) Time Eligibility. To be eligible to be the primary for standby (on-call) time, a nonexempt employee who works in water distribution must possess a California State Water Resources Control Board (CSWRCB) D-I certification, or higher. Wastewater treatment plant operators must possess a Grade II or higher certification to be the primary for standby (on-call). In addition, employees in either area of responsibility must demonstrate to their supervisor that they possess the knowledge, skills and ability to perform the tasks associated with standby (on-call) duty; they must be prepared to report to work per the guidelines in subsection (F) of this section, Response Time – Standby (On-Call).
B. Standby (On-Call) Scheduling. On-call is scheduled annually on a voluntary basis in the production and construction departments. If there are any on-call assignments not covered by volunteers the “emergency mandatory list” will be invoked. The “emergency mandatory list” is sorted by seniority. The director of water operations shall have the authority to change the sort at the beginning of each calendar year when on-call assignments are made. Five business days’ notice must be given to the listees if the sorting of the “emergency mandatory list” is revised.
Standby (on-call) scheduling is required for wastewater treatment plant operators 2 and above. Operators below level 2 may be required to assist the higher-level operators with standby (on-call) assignments.
C. Standby (On-Call) Time. All nonexempt employees who are eligible for standby (on-call) duty, when assigned to standby duty, will be compensated as follows:
Water (construction and production) employees will receive a standby premium, in addition to the employee’s regular workweek hours, of one and one-half hours per day, paid at straight (1x) time, from Monday through Thursday; and three hours per day, paid at straight (1x) time, on Friday, weekends, holidays (except Thanksgiving Day and Christmas Day); and six hours standby time on Thanksgiving Day and Christmas Day.
Wastewater employees will receive a standby premium, in addition to the employee’s regular workweek hours, of one and one-half hours per day, paid at straight (1x) time from Monday through Friday; and three hours per day, paid at straight (1x) time on weekends, holidays (except Thanksgiving Day and Christmas Day); and six hours standby time on Thanksgiving Day and Christmas Day.
D. Overtime. The employees will be paid at the adjusted overtime rate for actual hours worked, including phone calls. If the employee gets called out, hours worked will be paid from the time the employee leaves home to work and back from work to home.
E. Staff Assignment. The supervisor shall assign staff to a standby roster for a one- or two-week period (7:00 a.m. Tuesday to 6:59 a.m. the following Tuesday, or the second Tuesday) with a minimum one week off between each standby assignment. The supervisor shall assign a vehicle and/or equipment to the employee to be used on any call-out assignments during such period of duty.
Refer to HDWDC 3.65.020 concerning consumption of intoxicating beverages or illegal drugs while assigned to standby duty.
F. Response Time – Standby (On-Call). When an employee is assigned to standby duty, the employee will always be available, day and night, to receive telephone calls and be prepared to work. If the call-out requires reporting to the job site, the employee is expected to be at the job site within 30 minutes of receiving the call-out. If the call-out requires a different response than physically going to the job site, such as calling the customer, or contacting another crew member, 30 minutes is the maximum acceptable time frame for taking an appropriate action to resolve the situation. A supervisor-approved grace period may be allowed if the employee is on another, previous call-out, tools/materials need to be gathered to accomplish the job, or there are other extenuating circumstances.
An employee on standby duty (who is not already working on a call-out), who does not answer his/her phone, respond to a call-out, or reach the job site within the specified time frame will be subject to disciplinary action.
G. Rest time as follows:
1. If an employee has to work between the hours of 11:00 p.m. and 6:00 a.m. for a minimum of three hours, the next day the employee will receive one hour of paid rest leave for each of those hours worked, providing the next day is a regularly scheduled workday. The hours worked between 11:00 p.m. and 6:00 a.m. need not be consecutively worked in order for rest leave to apply.
2. Employees working until their regular start time will continue working and leave work early by the number of hours worked during the time period of 11:00 p.m. and 6:00 a.m. (having had worked a minimum of three hours).
3. Employees that complete their work prior to 6:00 a.m. will report to work later than their regular start time by the number of hours worked during the time period of 11:00 p.m. and 6:00 a.m. (having had worked a minimum of three hours).
4. Examples.
a. An employee begins work at 10:00 p.m. and finishes work at 2:00 a.m. The employee would receive three hours of paid rest leave the next day, providing the next day is a regularly scheduled workday (11:00 p.m. to 2:00 a.m. equals three hours). Employee would report at 10:00 a.m. if their regularly scheduled start time is 7:00 a.m.
b. An employee begins work at 1:00 a.m. and finishes work at 2:30 a.m. The employee would not receive any paid rest leave because s/he did not work a minimum of three hours (1:00 a.m. to 2:30 a.m. equals one and one-half hours).
c. An employee begins work at 3:00 a.m. and finishes work at 7:00 a.m. The employee would receive three hours of paid rest leave the next day, providing the next day is a regularly scheduled workday. The employee would continue to work and leave work three hours earlier than their regular quitting time (3:00 a.m. to 6:00 a.m. equals three hours).
d. If an employee works his/her normal shift (i.e., 7:00 a.m. to 5:30 p.m.) and is called at the end of the normal shift, then works continuously until 1:00 a.m., on the following day, providing it is a regularly scheduled workday, s/he will receive two hours of paid rest leave (11:00 p.m. to 1:00 a.m. equals two hours). Employee would report to work at 9:00 a.m. if his/her regularly scheduled start time is 7:00 a.m.
In the event of an unexpected catastrophic emergency or natural disaster the general manager may, by necessity, suspend or modify the use or means of rest leave. [Res. 20-11 § 2 (Att. A); Res. 19-33 § 2 (Att. A); Res. 15-05 Att. A; Res. 14-04 Att. A; amended by district 8/2012; Res. 11-03 Att. A § 12; Res. 10-13 Art. 7 § G].
3.40.080 Holiday pay.
To be eligible for holiday pay, an employee must work a full shift both preceding and following the holiday, unless other arrangements, such as Paid Time Off (“PTO”), administrative leave or floating holiday leave, are made with the supervisor prior to the holiday.
Nonexempt employees who are required to work on a holiday will receive compensation at one and one-half times the regular hourly rate, in addition to regular holiday pay. [Res. 12-18 Att. A; amended by district 5/2012; Res. 11-21; Res. 10-13 Art. 7 § H].
3.40.090 New employees prorating of increases.
Annual merit increases will be prorated as follows for newly hired employees:
A. Employees hired between July 1st and December 31st will receive, if applicable, a full merit increase.
B. Employees hired between January 1st and March 31st will receive, if applicable, a prorated merit increase.
C. Employees hired between April 1st and June 30th will not be eligible to receive a merit increase.
New employees will receive board-approved COLA increases with no prorating. [Res. 12-18 Att. A; Res. 10-13 Art. 7 § I].
3.40.100 Pay periods.
The pay period for all employees shall be bi-weekly (26 times a year) and shall incorporate two workweeks. Paychecks or stubs will be distributed bi-weekly no later than the end of the workday on Thursday by the supervisors. When the regular payday falls on a holiday, paychecks will be distributed after 4:00 p.m. on the workday immediately preceding such holiday.
Except for employees being terminated, salaries will be paid only on regular paydays, unless the employee has submitted a pay request and is approved by the appropriate manager and general manager.
A. Mandatory Payroll Deductions. On each bi-weekly payroll, the accounting department is authorized and directed to withhold from the salary paid to each employee the following deductions, and to make payments to the appropriate agencies:
1. Any medical benefit premiums in excess of the amount contributed by the district, which is determined annually.
2. Any dental or vision plan premiums in excess of the amount contributed by the district, which is determined annually.
3. The minimum amount required by federal law for income tax purposes.
4. The minimum amount required by state law for income tax purposes.
5. The minimum amount required for said employee’s contribution to the federal Social Security system and Medicare.
6. The minimum amount required for said employee’s contribution to the State Disability Insurance Program.
7. Any court-mandated payments.
8. CalPERS. For employees hired on or after July 1, 2009, the employee’s portion of CalPERS, currently eight percent of gross wages.
9. CalPERS. For employees hired before July 1, 2009, two percent of the employee member’s contribution to CalPERS in FY 2011-2012; four percent in FY 2012-2013; six percent in FY 2013-2014; and eight percent in FY 2014-2015 and every year thereafter.
B. Voluntary Deductions. An employee may voluntarily authorize, in writing, the accounting department to make deductions from his/her salary to be paid to:
1. Any credit union authorized by the general manager.
2. Participation in the deferred compensation programs.
3. Voluntary payback to PERS for funds withdrawn from previous employer(s).
4. United Way and Employee Fund contributions.
5. AFLAC for supplemental insurance coverage.
6. Any other program or provider authorized by the general manager.
Such authorization(s) shall be filed in the employee’s personnel file. [Res. 12-18 Att. A; Res. 11-21; Res. 11-03 Att. A §§ 3, 5; Res. 10-13 Art. 7 § J].
3.40.110 Working out of class pay/acting pay.
The district may, at its discretion, initiate or approve changes in assignment of employees from one position to another. A district employee assigned the full responsibility and decision-making authority of a higher classification shall be paid from the first day of the assignment, at least one step equivalent in increase for the higher classification. An employee earns the right to acting pay from the first day in the acting position subject to the terms and conditions of this policy. As such, acting pay granted under the terms and conditions of this policy will be retroactive to the employee’s first day in the acting position.
The district employee must meet the job description qualifications and the legally required licenses and certifications of the higher classification. An employee may receive acting pay up to six months from the date of appointment to the higher classification. At the discretion of the general manager, such appointment may be extended.
A district employee in an FLSA Non-Exempt position acting in an FLSA Exempt position shall be entitled to receive overtime pay. The district employee shall not be eligible for working out of class pay/acting pay during scheduled periods of Paid Time Off (PTO) leave. [Res. 21-07].