HomeMy WebLinkAbout86-21 - Fair Labor Standards ActRESOLUTION NO. 86 -21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AN AGREEMENT BETWEEN THE
• CITY OF NEWPORT BEACH AND THE NEWPORT BEACH
FIREFIGHTERS' ASSOCIATION REGARDING COMPLIANCE
WITH THE FAIR LABOR STANDARDS ACT.
WHEREAS, the City is required to comply with the Fair
Labor Standards Act on or before April 15, 1986.
WHEREAS, the 1985 -1986 Memorandum of Understanding
between the City of Newport Beach and the Newport Firefighters'
Association authorizes negotiations on the subject of compliance
with the Fair Labor Standards Act.
WHEREAS, the City and the Newport Beach Firefighters'
Association have reached an Agreement regarding compliance with
the Fair Labor Standards Act.
The terms of this Agreement are attached hereto as
Exhibit "A" and incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the terms of the Agreement between
the City of Newport Beach and the Newport Beach Firefighters'
Association regarding compliance with the Fair Labor Standards
Act, as set forth in Exhibit "A" attached hereto and incorporated
herein by this reference, are hereby approved.
BE IT FURTHER RESOLVED that although the City has
declared Fire Battalion Chiefs exempt from the provisions of the
Fair Labor Standards Act, the City will pay Fire Battalion Chiefs
time- and - one -half overtime for hours worked in excess of their
normal schedule which is one hundred twelve (112) average hours
per work period.
BE IT FURTHER RESOLVED that this Resolution is to be
effective on April 12, 1986 and attached as Addendum Number 2 to
the 1985 -1986 Memorandum of Understanding between the City of
Newport Beach and the Newport Beach Firefighters' Association.
ADOPTED this 24th day of March, 1986.
J`�
CITY OF NEWPORT BEACH
PERSONNEL OFFICE
Oct. 2, 1985
TO: Jim Upton, President
Newport Beach Firefighters Association
FROM: Duane K. Munson
Personnel Director
. SUBJ:
REVIEW OF OUR AGREEMENT ON COMPLIANCE TO F.L.S.A.
At our last meeting which took place on September 24, 1985, the City
Negotiators reached a tentative agreement with the negotiators for the
Newport Beach Firefighters Association for the purpose of coming into
compliance with the Fair Labor Standards Act. This agreement is
comprized of the following points:
1. The City will declare the 7K exemption under F.L.S.A.
2. The City will set the work /period at 28 days, and the work/
period will be an overlay of the City's payroll schedule.
The Fire work periods will start new with the beginning of
every other regular payroll.
3. The City declares the following represented classifications
exempt from the provisions of the F.L.S.A:
Captains - Executive
Paramedic Coordinator - Executive
Inspectors - Professional (personnel assigned to Fire
Prevention more than 30 days)
4. The determination of the Base hourly wage will be the product
of the individuals's annual earnings (prescribed by the City's
Salary Ordinance) divided by 2990 hours.
5. The Base rate will be adjusted by the appropriate incentive
rate (such as Education Pay) to equal the Regular rate. The
Regular rate will be used for payment of hours worked outside
of the normal schedule.
6. The Base hourly rate will be paid for all regularly scheduled
work hours including regularly scheduled overtime. This will
usually be 218, 218, & 254 (216 +2 and 240 + 14).
7. Overtime worked in addition to regular scheduled overtime,
with exception of hours offset by sick hours in a bi- weekly
pay period, will be compensated at 1.5 times the Regular rate.
Sick time will not be used to offset regularly scheduled
overtime.
Exhibit A
REVIEW OF AGREEMENT WITH FIREFIGHTERS ASSOCIATION ON COMPLIANCE TO F.L.S.A.
8.
Although the City has declared Captains, the Paramedic
Coordinator, and Inspectors exempt from the provisions
of the F.L.S.A., the City will pay Captains and Inspectors
time- and - one -half overtime for hours worked in excess of
their normal schedule (224 112 average per pay period for
Captains, the Paramedic Coordinator and 469 80 hours per pay
period for Inspectors).
• 9.
Any future sick pay conversions for retirees or vacation
payoffs for employees who otherwise leave City
employment
will be calculated from the average daily rate, which will be
determined by dividing the normally scheduled workdays into
the annual salary as set by City Ordinance.
10.
Non - exempt personnel shall be paid for actual hours worked
bi- weekly at straight time. The 1/2 time premium on non
scheduled overtime will be. paid every- etfaer- $ayrdl ,
at- the�taate�e #de- 7K- clasaag. on a biweekly basis.
11.
Captains, the Paramedic Coordinator and Inspectors shall be
paid on a 26- installment amortization of their annual salary,
overtime premiums for non scheduled overtime will be paid
every_atger_}yrall on a biweekly basis and added
to the amortized base.
12.
te_Apr44 -15,- 4985 --- The
.premium.. pay- Ate- yci33_be_ calcW atei by- usiag_tbe_formwa
4eser4bed- ebeve:-- ;he- aneue4- salary- used - €er- the- basis - for
e*1etrlat4er►- ,wiaa- be- wheteaew was- 4n- of €eet et- the - ti me- tbe
vrerMtan - poy -wes- earned:
13. The City and the Newport Beach Firefighters.Association have
agreed that should the Courts and /or the Legislature develop
any form of partial or total relief from the provisions of the
F.L.S.A. which applies to the City, this agreement becomes
null and void and we will return to the provisions of our
current M.O.U.
14. It is understood that final agreement is subject to approval
of the members of the Newport Beach Firefighters Association
and the City Council of Newport Beach.