B. Non-Exempt Overtime/Compensatory Time

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B. Non-Exempt Overtime/Compensatory Time

   Overtime in the Nebraska Court System shall be held to a minimum and must be avoided by use of flexing work hours within a workweek where possible. Only in times of emergency, such as hearings outside of business hours or juvenile probationer intake, or with prior approval of the supervisor should overtime be permitted.

   Overtime is considered time in excess of the designated 40-hour workweek. Leave time (vacation, sick, etc., with the exception of holiday leave) shall not be considered as hours worked. Before any time can be considered as overtime, an employee must work, not just get paid for, 40 hours during the designated workweek. Time in excess of the 40-hour workweek may then be considered overtime.

   Upon proper authorization, non-exempt employees may accumulate a maximum of 180 hours of compensatory time (120 hours of overtime worked). Accumulated compensatory time shall be used within 6 months. Cash must be paid at a time-and-one-half rate for overtime beyond those limits. Whenever possible, a non-exempt employee's schedule should be altered within the workweek so that his or her work hours do not exceed 40. (For example, an employee working 2 extra hours on Monday may be directed to take 2 hours off on Tuesday.) When it is not possible to obtain prior approval for required overtime work and when that time cannot be compensated either through an adjusted workweek or with compensatory time, then a written request from the supervisor to the Administrative Office is required for payment of overtime.

   It is the responsibility of the supervisor to monitor overtime for an employee. A record of all overtime shall be included on time sheets required by the Administrative Office. At times, a supervisor may direct an employee to expend some accumulated compensatory time. The employee, where possible, must be notified at least 24 hours in advance of the compensatory time to be taken.

   Payment for accrued compensatory time upon termination of employment shall be calculated at the average regular rate of pay for the final 3 years of employment, or the final regular rate received by the employee, whichever is greater.

Amended 7-16-03; amended 7-9-15.