RESOLUTION NO. 217
AMENDING THE RULES AND REGULATIONS FOR ALBANY COUNTY EMPLOYEES REGARDING COMPENSATORY TIME
Introduced: 4/8/24
By Feeney:
WHEREAS, By Resolution No. 136-b for 1999, as amended, this Honorable Body adopted the Rules and Regulations for Albany County Employees, and
WHEREAS, Fair Labor Standards Act (FLSA) non-covered and exempt employees of Albany County are not eligible for overtime pay for hours worked in excess of their regular scheduled work week, and
WHEREAS, Under Article V of the Rules and Regulations, Albany County has elected to compensate this class of employees with compensatory time off for hours worked in excess of forty (40) hours a week, and
WHEREAS, Compensatory time is prohibited for certain employees who are classified as non-covered or exempt including the Administrative Head of each Department, Division, Bureau, Office, Board or Commission or other Agency of the County Government appointed by the County Executive and/or County Legislature and their deputies, and
WHEREAS, The accrual of compensatory time is subject to the approval of an employee's supervisor and is entirely discretionary based on the needs of the department, and
WHEREAS, The Article II of the Rules and Regulations states that the standard work week for each Department is set by the Department Head, and for many FLSA non-covered or exempt employees, this work week is set at 35 hours, and
WHEREAS, Since compensatory time may only accrue after an employee has worked beyond 40 hours a week (not including meal breaks), this results in some employees having to work five (5) hours in excess of their regular work week before becoming eligible to earn compensatory time, and
WHEREAS, If FLSA non-covered or exempt employees work in excess of their regular scheduled work week but fewer than 40 hours total, then they are not eligible to earn any compensatory time at all, and
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