40.1 Employees qualify for overtime compensation under the following conditions:
40.2 All time that the employee is in a pay status, such as sick leave or annual leave, shall be used for purposes of calculating the work day and work week.
40.3 Overtime work must be approved in advance by the Employer and shall be paid at a rate of one and one-half (1-1/2) times the employee's straight time hourly rate. Overtime hours shall be compensated on a salary payment basis, unless the employee requests and is granted compensatory time off, (at the rate of one and one-half (1-1/2) times the hours worked) in lieu of pay. Such compensatory time off shall be scheduled at a time which is mutually acceptable to the employee and the supervisor. In general, employees shall be allowed to take requested compensatory time off unless it causes staffing to fall below a minimum staffing level as determined by the Employer.
40.4 If compensation is paid to an employee for accrued compensatory time, such compensation shall be paid at the regular rate earned by the employee at the time the employee receives such payment. Upon termination of employment, an employee will be paid for any unused compensatory time in accordance with the Fair Labor Standards Act.
40.5 Whenever overtime work is required, supervision shall determine the employees needed to work such overtime on the basis of their qualifications and availability. Overtime shall be distributed as equally as possible among the qualified and available employees. For Public Safety Officers: To the extent possible, volunteers will be sought before overtime is mandated.
40.6 A record of overtime hours worked by each employee shall be kept by the Employer and such record of overtime may be reviewed upon request by the Union.
40.7 All reported exception time worked will be paid in accordance to RCW 42.16.010.
40.8 Dual Appointments. The provisions of the Fair Labor Standards Act will apply to dictate whether the employee's work is non-exempt for the purposes of payment of overtime.