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Overtime Categories |
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As an integral part of the Pay & Classification plan of the Unified Personnel System (UPS), three (3) categories have been designated for overtime compensation as follows:
Category A
CODE 1 |
Those classification in which current county classified employees are covered by the overtime provisions of the Fair Labor Standards Act (FLSA) and are paid or granted compensatory time off at time and one-half for authorized overtime over forty (40) hours per week and such
Compensatory time to be accumulated to a maximum of eighty (80) hours. |
Category B
CODE 3 |
Those classification in which current county classified employees are excluded from the overtime provisions of the Fair Labor Standards Act (FLSA) and are paid or granted compensatory time off at time and one-half for authorized overtime over eighty (80) hours per pay period and such
Compensatory time to be accumulated to a maximum of two hundred forty (240) hours. |
Category C
CODE 2 |
Those classification in which current exempt county employees and specified classified county employees are excluded from the overtime provisions of the Fair Labor Standards Act (FLSA) and receive no additional compensation for overtime hours worked. |
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Q: What is the difference between the County exempt/classified and the Fair Labor Standards Act (FLSA) exempt/non-exempt?
A: The County has three categories for determining overtime while FLSA has two designations for overtime requirements as shown in the chart below.
County |
FLSA |
| OT Code A: County classified positions entitled to overtime at the rate of 1.5 times the number of hours worked over 40. |
Entitled to overtime at 1.5 times regular rate of pay for hours worked over 40. |
| OT Code B: Classified positions not entitled to overtime provisions of the FLSA, such as those in professional positions. However, the County may grant time off at the rate of 1.5 hours times the number of hours worked over 80 in a pay period, as long as the overtime is required and approved by your appointing authority. |
These are specific and narrowly defined designations of executive, administrative and professional employees, as well as certain other specified positions. They are not eligible for overtime under FLSA. County FLSA |
| OT Code C: Positions designated as County exempt, such as appointing authorities, department directors, assistant directors and certain specified classified County employees are not entitled to overtime/comp time consideration. |
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Q: Please explain Pinellas County Exempt status versus Fair Labor Standards Act (FLSA) Exempt. It’s confusing. Can a Pinellas County Exempt employee not be exempt under FLSA and vice-versa?
A: Pinellas County Exempt employees (exempt from the classified service and the rights therein) are always FLSA exempt (exempt from being paid overtime). However, employees can indeed be classified employees in our system (not exempt employees in our system) and still be FLSA exempt (exempt from being paid overtime).
In the County, there are employees who are classified employees from the professional ranks who are excluded from the overtime and minimum wage provisions of the Fair Labor Standards Act (FLSA). In other words, the Federal law does not require that employees in this category receive any overtime compensation at all. There is no limit on the number of hours they may work for the salary they receive. Although the Federal law does not require it, Pinellas County has determined that as an employer, within limits we will pay extra compensation (or compensatory time) to these employees when they work authorized time in excess of forty hours in a week according to the County Pay Plan.
Within the county system an employee can be exempt from both the classified service and exempt from overtime pay; exempt from overtime pay but included in the classified service, or included in the classified service and eligible for overtime pay.
You can check on your status by viewing the Classification Listing to find your position classification and locate the overtime code, or asking your manager to help you. A= classified employee eligible for OT, B= classified employee excluded from OT, C= exempt from the classified service and exempt from OT.
Rule 11 - Standard Workweek, Overtime Compensation, and Standby Assignments
Overview of functions handled by the Pay & Classification Division
Your Benefits and Compensation
a monthly column in The Pen Newsletter covering Benefit & Compensation topics
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