Overtime and Compensatory Time
It is the general practice of Pinellas County to not have its employees work frequent or considerable overtime. However, Appointing Authorities may authorize or direct an employee to work overtime in emergencies or if it is necessary to meet operating needs.
In compliance with the federal Fair Labor Standards Act (FLSA) and Pinellas County Personnel Rules, classified service employees in certain categories may be eligible for overtime pay or compensatory (comp) time off at the discretion of their Appointing Authority. The information below is designed to address the most frequently asked questions about overtime and comp time.
Frequently Asked Questions
Is Pinellas County required to pay overtime or grant comp time if I work more than 40 hours in a week?
- If you have a classified employee overtime code, then you are entitled to overtime or comp time if you work more than 40 hours in one week.
- If you have a classified/excluded employee overtime code, then you are eligible for overtime or comp time if you work more than 80 hours in a pay period, and if your supervisor authorizes the overtime.
- If you have an exempt overtime code, then you are not eligible for overtime pay.
How do I find my overtime code?
Follow these steps:
- Go to OPUS, then click Employee Self Service, then Employee Directory.
- Find your name in the Employee Directory. Check the Job field to see if it says Classified, Classified/Excluded or Exempt.
Overtime Code Samples
Sample 1 (Classified): Sample 2 (Classified/Excluded): Sample 3 (Exempt): Job 11130.Administrative Secretary.Classified.. Job 11316.Administrative Support Supervisor.Classified/Excluded.. Job 16844.Section Manager 2.Exempt..
- Identify your overtime eligibility from the information provided in the FAQ preceding this one.
Can my supervisor grant comp time instead of paying overtime?
Yes. Management determines whether to grant compensatory time or pay overtime.
Am I eligible for overtime if I take leave time?
Generally, leave time would not factor in to your hours worked when calculating overtime pay. This includes annual leave, personal days, floating holidays, workers’ compensation and some administrative leave with pay.
However, approved County holidays and administrative leave with pay during which you are in working status (for example, external training) are not considered leave time, and do count towards hours worked when calculating overtime pay.
Can my supervisor require me to flex my schedule so that I don’t work overtime?
Yes. Overtime is only due for classified employees who work more than 40 hours in a workweek. If your supervisor changes your schedule so you do not work over 40 hours in a workweek, then you will not earn overtime. Overtime is related to the number of hours worked in a workweek, not in a workday.
This is also true for classified/excluded employees, except the trigger for overtime pay is working more than 80 hours in a pay period.
Am I eligible for overtime if I work more than eight hours in one day?
No. There is no limit on the number of hours an employee may be required to work in any one day.
What if I work overtime on my own initiative?
If a classified employee works more than 40 hours in a workweek, then the time is counted as hours worked, and the county is obligated to pay the employee—whether the time was authorized or not.
Employees may be subject to disciplinary action in cases where they have worked overtime without approval or after being told by management not to do so, but the earned overtime must still be paid. The supervisor should explain to the employee the reason for directing that the work be ceased so that a well-meaning employee will not view this as management’s lack of appreciation for good intentions.
If a classified/excluded employee decides to work more than 80 hours in a pay period on their own initiative without being directed to do so, then the time does not count as hours worked and the employee is not eligible for overtime pay.
Is the Pinellas County overtime practice more generous or stringent than the federal law?
Pinellas County’s overtime practice is more generous than the federal law. Although the law does not require it, Pinellas County allows for extra compensation (overtime or comp time) to classified/excluded employees when they work more than 80 hours in a pay period with supervisor approval.
Pinellas County has three categories for determining overtime compensation, while the Fair Labor Standards Act (FSLA) has two:
Overtime Compensation Categories Comparison
|Pinellas County Categories||Fair Labor Standards ACT (FLSA) Categories|
(Eligible for overtime or comp time for over 40 hours in 1 week)
Pinellas County classified employees are entitled to overtime at 1.5 times the regular rate of pay for hours worked over 40 in a workweek, or compensatory time at a rate of 1.5 times the number of hours worked over 40 in a workweek. Comp time can be accumulated to a maximum of 80 hours.
FLSA non-exempt positions are entitled to overtime at 1.5 times the regular rate of pay for hours worked over 40 in a workweek.
(Eligible for authorized overtime or comp time for over 80 hours in a pay period)
Classified/excluded positions are not entitled to overtime provisions of the FLSA. However, the county may pay overtime at the rate of 1.5 times the number of hours worked over 80 in a pay period, or comp time at the rate of 1.5 times the number of hours worked over 80 in a pay period. Comp time for this classification may be accumulated up to a maximum of 240 hours. The overtime must be necessary and approved by the Appointing Authority.
These are specific and narrowly defined designations of executive, administrative and professional employees, as well as certain other specified occupations. They are not eligible for overtime under FLSA.
Exempt positions are not eligible for overtime or comp time consideration.
How do I get more information?
- For additional information on overtime pay, see Personnel Rule 3.
- For help with interpreting the Pinellas County overtime guidelines, contact Human Resources at (727) 464-3367, option 2, or the County Attorney’s Office at (727) 464-3354.