Los Angeles Municipal Code Art. 8 Hours of Work

Section

• 4.108 Hours of Work – FLSA Non-exempt Employees.

• 4.110 Part-time Employment.

• 4.110.1 Compensated Personal Time Off Benefits for Intermittent Employees.

• 4.111 Payment of Salary During Jury Service.

• 4.111.1 Payment of Salary When Subpoenaed as a Witness.

• 4.112 Schedule Changes for Personal Business.

• 4.113 Overtime – FLSA Non-exempt Employees.

• 4.113.1 Increments of time reporting.

• 4.114 Salaried – FLSA Exempt Employees.

• 4.114.5 Certain FLSA Exempt and All FLSA Excluded Employees.

• 4.115 Payment for Overtime – Transfer and Termination.

• 4.116 Payment of Overtime on Death of Employee.

• 4.117 Reduced Work Schedule.

• 4.118 Time Off to Donate Blood or Bone Marrow.

Employees shall have a fixed workweek that consists of a regular recurring period of 168 consecutive hours (seven 24-hour periods) which can begin and end on any day of the week and any time of the day. A minimum of 8 hours of actual attendance on duty shall constitute a day’s work and a minimum of 40 hours shall constitute a week’s work for every full-time employee including authorized holidays and compensated absences. With the exception of employees assigned a reduced work schedule in accordance with Section 4.117, any employee who works fewer than these required hours per week shall be considered part-time, as defined in Section 4.110. Employees may be assigned to work Saturdays, Sundays or holidays.

(a) Alternative Work Schedules – Employees may be assigned to work schedules of five eight hour days (5/40), four ten hour days (4/10) in a single workweek, eight nine hour days and one eight hour day within a two week period (9/80) or other schedules at the discretion of the appointing authority. Regardless of schedule, employees shall not be assigned to work more than 40 hours during a workweek. Employees assigned to a (9/80) schedule shall have a designated regular day off, which shall remain fixed, unless permanently reassigned.

(b) Changes to Work Schedules – Employees may be required to adjust their work schedules (change days off or working hours, except on the same day of the week as their regular 9/80 day off) within the same FLSA workweek. Temporary changes to the designated 9/80 day off at the request of the employee’s appointing authority or the employee is prohibited unless it is intended for the employee to work additional hours (overtime) with the exception of during holiday weeks as provided for in Section 4.119(G).

(c) Rest Periods – The administrative head of any department may permit employees to take brief rest periods during any working day at such times and of such duration as to not adversely affect the operation of the department and promote efficiency, provided that such rest period shall not be taken during the first or last hour of the working day. The taking of rest periods is a privilege and not a right and any rest period not taken at the time permitted shall be deemed waived and not accumulated or carried over from one day to any subsequent day, or compensated for in any form.

SECTION HISTORY

Based on Ord. No. 89,100.

Amended by: Ord. No. 99,790; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; In Entirety, Ord. No. 175,048, Eff. 1-23-03.

SECTION HISTORY

Based on Ord. No. 89,100.

Repealed by Ord. No. 173,791, Eff. 3-2-01.

Except as otherwise provided in Section 4.117 of this Code and in any Memoranda of Understanding or Departmental Personnel Ordinances to the contrary, a work schedule of less than the number of hours of full-time employment shall be considered part-time employment.

The following categories of part-time employment are hereby defined:

(a) Half-time: Half-time employees are employees regularly assigned to a work schedule of half-time (1,040 hours) or more in any service year, but less than full-time. Compensation shall be prorated on the basis of the total number of hours scheduled to be worked in relationship to the total number of hours required for full-time employment in the class of position. Holiday, sick leave, personal leave, and vacation benefits for such half-time employees shall be applied on a prorated basis as provided for half-time employees in Sections 4.119, 4.126, 4.130, and 4.252, respectively, of this Code.

(b) Intermittent: Intermittent employees are employees assigned to a regular or on-call work schedule of less than half of the available working time (less than 1,040 hours) in any service year. Employees who are compensated by the session and employees who hold more than one intermittent position concurrently, regardless of total number of hours scheduled, shall be considered intermittent employees. Compensation as established in Schedule “A” herein shall be considered full remuneration for intermittent employees defined by this section, except for compensated personal time off, sick leave, and prorated personal leave benefits as provided for intermittent employees in Sections 4.110.1, 4.126, and 4.130, respectively, of this Code.

Employees shall be eligible to receive benefits from only one employing department at any one time.

SECTION HISTORY

Based on Ord. No. 89,100.

Amended by: Ord. No. 117,872; Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76; In Entirety, Ord. No. 165,482, Eff. 2-1-90; Subsec. (b), Ord. No. 172,359, Eff. 1-4-99; Penultimate Para. Deleted, Ord. No. 181,785, Eff. 7-19-11; In Entirety, Ord. No. 187,432, Eff. 3-17-22.

Intermittent non-representative employees shall be eligible to accrue compensated time off (CPTO) at a rate of 2.75 minutes for every hour compensated. Employees must complete a period of six consecutive months of City service and must have been compensated for at least 500 hours before qualifying to use the CPTO. This benefit may be used in no less than one-hour increments for the following:

(a) Personal business, subject to approval of the supervisor; and

(b) Holidays assigned off. When a holiday falls on an employee’s assigned schedule and the employee is not required to work on that holiday, an employee may request to use CPTO. If the qualifying employees choose not to use CPTO for the holiday, the employees may be allowed, subject to the approval of the supervisor, to adjust their work schedules and make up the time in full not later than the next succeeding payroll period.

CPTO may be accumulated for up to a maximum of 48 hours. Any accrued, unused CPTO hours remaining at the end of the calendar year, which do not exceed that maximum accrual, shall carry over to the following calendar year. Any CPTO accumulated in excess of such amount shall be deemed waived and lost.

There shall be no payment of any form for unused CPTO hours upon separation from City service for any reason.

Employees who hold more than one intermittent position concurrently shall be eligible to accrue CPTO in only one position.

Intermittent and half-time employees must request permission from their primary employing department to hold more than one position concurrently. Employees must designate a primary employing department in writing with their primary and secondary employing departments and with the Controller’s Office. Temporary Elections workers are exempt from this requirement. If an employee fails to designate a primary employing department the Controller’s Office will designate the first department to hire the employee as the primary employing department. Employees may change their designated primary department during Open Enrollment period of October 1-31. If an employee changes departments outside the Open Enrollment period, the Controller’s Office will designate the first department to hire the employee as the primary employing department, unless the employee notifies the Controller’s Office otherwise within 30 calendar days of the effective date of the change.

Employees who are receiving time off benefits as a full-time or half-time employee in another department or capacity, or are a retired member of LACERS shall not be eligible to receive CPTO benefits as an intermittent employee.

Employees who are paid per diem or by the session shall not be eligible to accrue CPTO.

Intermittent employees with accrued CPTO hours who become full-time or half-time employees as defined in Section 4.110(a) of this Code, shall be allowed to carry-over into their 100% sick leave bank a maximum of 48 hours of unused CPTO, and shall be eligible immediately as a full-time or half-time employee to accrue and use sick leave at the appropriate rate in accordance with Section 4.126 of this Code.

SECTION HISTORY

Added by Ord. No. 172,359, Eff. 1-4-99.

Amended by: In Entirety, Ord. No. 175,048, Eff. 1-23-03; In Entirety, Ord. No. 184,257, Eff. 5-5-16; Ord. No. 186,348, Eff. 11-3-19.

Any officer, full-time employee, or half-time employee as defined by Section 4.110(a) of this Code who is duly summoned to attend any court for the purpose of performing jury service or has been nominated and selected to serve on a Grand Jury shall, for those days during which jury service is actually performed and those days necessary to qualify for jury service, receive the officer’s or employee’s regular salary; provided, however, that any jury attendance fees received by any officer or employee of the City who receives regular salary pursuant to this section, except for those fees received for jury service performed on a regular day off or a holiday, shall be paid to the City and deposited in the General Fund. A prorated portion of jury service fees received by a half-time employee shall be paid to the City when those fees are received for jury service performed on days for which the employee is scheduled to work a portion of a day. The absence of any officer or employee for the purpose of performing jury service shall be deemed to be an authorized absence with pay within the meaning of Section 4.75 of this Code. The absence of an intermittent employee for the purpose of performing jury service shall be deemed to be an authorized absence without pay.

Employees summoned for jury service are not authorized to waive jury attendance fees and will be expected to remit the appropriate fees to the City upon completion of service.

SECTION HISTORY

Based on Ord. No. 89,100.

Amended by: Ord. No. 131,394; Ord. No. 137,255; Ord. No. 140,475, Eff. 7-18-70; Ord. No. 141,127, Eff. 10-19-70; Ord. No. 148,797, Eff. 9-17-76; In Entirety, Ord. No. 165,022, Eff. 7-14-89; In Entirety, Ord. No, 165,482, Eff. 2-1-90; Ord. No. 175,048, Eff. 1-23-03.

Any officer or employee of the City who is served with a subpoena by a court of competent jurisdiction or an administrative body to appear as a witness during the officer’s or employee’s scheduled working period, unless the officer or employee is a party to the litigation or an expert witness, shall be granted pay in the amount of the difference between the employee’s regular earnings and the witness fee. The absence of any officer or employee for the purpose of serving as a witness during the officer’s or employee’s scheduled working period shall be deemed an authorized absence with pay within the meaning of Section 4.75 of this Code with pay calculated pursuant to this article.

A court of competent jurisdiction is defined as a court within the county in which the employee resides. If the place of appearance is outside the county of residence, it must be within 150 miles of the employees residence.

SECTION HISTORY

Added by Ord. No. 165,022, Eff. 7-14-89.

Amended by: Second paragraph added, Ord. No. 177,103, Eff. 12-18-05.

SECTION HISTORY

Added by Ord. No. 167,291, Eff. 11-2-91, Oper. 10-2-91.

Repealed by Ord. No. 177,103, Eff. 12-18-05.

Management may allow an employee time off with pay, not to exceed eight hours in any one payroll period for personal business (except for changes on the 9/80 day off or the split day) provided that such time off so allowed shall either be made up in full within the same workweek that the time is taken or charged against the employee’s accrued and unused vacation or overtime bank in no less than one-half hour increments. Employees on a FLSA 7(b) work period shall either make up this time in full within the same pay period that the time is taken (as long as hours worked do not exceed 56 hours in a workweek or 12 hours in a day) or charged against the employee’s accrued and unused vacation or overtime bank in no less than one-half hour increments.

SECTION HISTORY

Based on Ord. No. 89,100.

Amended by: Ord. No. 131,781; Ord. No. 166,710, Eff. 3-1-91, Oper. 7-11-90; In Entirety, Ord. No. 175,048, Eff. 1-23-03; In Entirety, Ord. No. 182,968, Eff. 4-18-14.

(a) Authority for Overtime – Compensation for overtime shall be for all hours worked in excess of 40 hours actually worked in a workweek. No employee shall work overtime without prior authorization of the chief administrative officer of the department or a supervisor delegated the responsibility by such officer. All hours worked by FLSA non-exempt employees shall be recorded on their time sheet. FLSA non-exempt employees may not work outside of scheduled working hours, or during unpaid meal periods, without the prior approval of a supervisor consistent with department policy. Failure to secure prior approval may result in discipline. Working and not recording time is similarly prohibited.

(b) Rate of Compensation for Overtime – Overtime compensation for employees who are employed in a class or pay grade (if the class has multiple pay grades) with a first step regular biweekly rate, without bonuses, below the first step regular biweekly rate for the class and pay grade of Senior Personnel Analyst I, Code 9167-1, shall be in time off at the rate of one and one-half (1½) hours for each hour of overtime worked or in cash at one and one-half (1½) times the employee’s regular rate of pay. The method of overtime compensation shall be at the discretion of the employee’s appointing authority.

(c) Compensatory Time Off – Employees may, subject to the discretion of the appointing authority, be permitted to accumulate up to 80 hours of compensatory time off (CTO). Appointing authorities may allow employees to accumulate in excess of 80 hours for a temporary period of time not to exceed an additional fiscal year.

If an employee does not schedule and take CTO prior to the end of the fiscal year in which the overtime was worked, the employee’s appointing authority may: require employees to use CTO hours prior to the end of the fiscal year; require employees to use such time in lieu of vacation (unless the mandatory use of CTO would result in the loss of vacation accumulation) or other leave time; or authorize cash payment. In the event sufficient funds are not available to provide cash compensation for all or a portion of the CTO hours, the employee’s appointing authority may extend the time limit for a period not to exceed an additional fiscal year.

In accordance with FLSA, no employee shall lose CTO. Employees shall be permitted to take CTO for overtime worked upon request unless granting of such time would “unduly disrupt” the operations of the City department. This standard does not apply to non-FLSA overtime (i.e. overtime earned pursuant to this Section that does not meet the FLSA definition of overtime).

Under no circumstances shall compensatory time off (CTO) in excess of 240 hours be accumulated.

(d) Record Keeping – Departments shall furnish the Controller with a detailed record of all overtime worked and accumulated. The Controller shall maintain for each department and employee a record of all overtime paid and accumulated time remaining to be taken off.

SECTION HISTORY

Based on Ord, No. 89,100.

Amended by: Ord. No. 96,561; Ord. No. 120,628; Ord. No. 140,475, Eff. 7-18-70; Ord. No. 141,335, Eff. 12-17-70; Ord. No. 144,498 Eff. 3-19-73; Ord. No. 144,499, Eff. 3-19-73; Ord. No. 151,926, Eff. 2-1-79; Ord. No. 157,893, Eff. 7-30-83; Ord. No. 158,946, Eff. 5-18-84; Ord. No.. 165,022, Eff 7-14-89; Ord. No. 166,708, Eff. 3-1-91; Ord. No. 170,864, Eff. 1-22-96, Oper. 1-22-96; Ord. No. 172,713, Eff. 8-21-99; In Entirety, Ord. No. 175,048, Eff. 1-23-03; Subsec. (a), Ord. No. 181,137, Eff. 4-2-10; Subsec. (b), Ord. No. 182,976, Eff. 4-18-14.

Hours worked shall be accounted for in increments of six (6) minutes. Overtime shall be earned, credited and paid or taken off (compensatory time off) in increments of six (6) minutes. No overtime credit shall be allowed for a period of less than six (6) minutes.

SECTION HISTORY

Added by Ord. No. 176,297, Eff. 12-2-04.

(a) Salaried Employees – Employees who qualify for exemption from the Fair Labor Standards Act (FLSA) overtime provisions based upon duties and who are assigned to a class or pay grade, if the class has multiple pay grades, with a first step biweekly rate, without bonuses, at or above the first step regular biweekly rate for the class and pay grade of Senior Personnel Analyst I, Code 9167-1, shall be treated as salaried employees as defined by the FLSA. Salaried employees will be paid the predetermined salary for each biweekly pay period and shall not receive overtime compensation. Salaried employees shall not be subject to any deductions from salary or any leave banks for any authorized absence from work for less than a full workday when these absences are occasional partial-day absences from work that are authorized by the appropriate supervisor designated by management. Partial-day absences that are long-term or recurring (e.g., intermittent leave/reduced work schedule for purposes of Family/Medical Leave) are subject to deductions from salary or leave banks. Salaried employees shall not be subject to disciplinary suspension for periods of less than a workweek (salaried employees can only be suspended in increments of a full FLSA workweek) unless based on violations of a safety rule of major significance or misconduct.

(b) Work Schedules – Salaried employees may be assigned 5/40, 4/10, 9/80 or other schedules at the discretion of their appointing authority. Notwithstanding any Los Angeles Administrative Code provision or other City department rules and regulations to the contrary, these employees shall not be required to record specific hours of work for compensation purposes, although hours may be recorded for other purposes.

(c) Accumulated Compensatory Time Off – Salaried employees with accumulated compensatory time off earned prior to becoming salaried shall be subject to the provisions of subsection 4.113(c).

(d) Additional Time Off – The appointing authority of each City department may grant time off for hours worked due to unusual circumstances. Such time off shall not be on an hour for hour basis for any additional hours worked.

(e) Compensation for Emergencies and Unusual Occurrences – In lieu of time off, the appointing authority may, with the approval of the Mayor, grant additional compensation to non-represented employees when an employee(s) is assigned by Management to work additional hours outside of an employee’s regular work schedule, in increments of a full day (8) hours, in unusual situations (e.g. earthquake, flood, sewage spills, emergency construction response, etc.). Compensation for each additional day shall be an amount equivalent to 4.6% of the monthly rate of the employee’s appropriate step rate, as indicated in the appropriate salary appendix.

SECTION HISTORY

Former Section Based on Ord. No. 89,100.

Former Section Repealed by Ord. No. 173,791, Eff. 3-2-01.

New Section Added by Ord. No. 175,048, Eff. 1-23-03.

Amended by: Subsec. (a), Ord. No. 179,996, Eff. 7-11-08; Subsec. (a), Ord. No. 182,976, Eff. 4-18-14.

Editor’s note: Section 21 of Ordinance No. 175,048, effective 1-23-03, purported to amend Section 4.114 of this Code in its entirety. Section 4.114 was repealed, however, before Ordinance No. 175,048 became effective. The section is set out above as if Section 21 of Ordinance No. 175,048 had the effect of enacting a new Section 4.114.

City General Managers, Bureau Heads, Elected Officials and all FLSA excluded employees shall not be entitled to overtime compensation in any form. FLSA excluded employees shall not be subject to any deductions from salary or leave banks for any authorized absence from work for less than a full work day when the absences are occasional, partial-day absences from work. Partial-day absences that are long-term or recurring (e.g., intermittent leave/reduced work schedule for purposes of Family/ Medical Leave) are subject to deductions from salary or leave banks.

SECTION HISTORY

Added by Ord. No. 175,048, Eff. 1-23-03.

Amended by: Ord. No. 179,997, Eff. 7-11-08.

Whenever a non-exempt or salaried employee transfers from one department, office or bureau to another department, office or bureau, all accumulated overtime shall be compensated for in cash at the employee’s regular rate of pay on the employee’s last working day prior to the effective date of the transfer or if higher, an average of the employee’s regular rate of pay over the employee’s last three years.

Whenever an employee resigns, retires or is discharged, all accumulated overtime shall be compensated for in cash at the employee’s regular rate of pay current at the date of payment or if higher, an average of the employee’s regular rate of pay over the employee’s last three years.

SECTION HISTORY

Based on Ord. No. 89,100.

Amended by: Ord. No. 91,540; Ord. No. 144,499, Eff. 3-19-73; In Entirety, Ord. No. 175,048, Eff. 1-23-03.

In the case of the death of an active employee, all accumulated overtime shall be compensated in cash at the employee’s regular rate of pay at the time of death or if higher, an average of the employee’s regular rate of pay over the employee’s last three years. Payment may be made to: 1) the surviving spouse; 2) to dependent children in the event of no surviving spouse; or 3) to dependent parents in the event there shall be no surviving spouse or dependent children.

SECTION HISTORY

Former Section Based on Ord. No. 89,100.

Former Section Repealed by Ord. No. 173,791, Eff. 3-2-01.

New Section Added by Ord. No. 175,048, Eff. 1-23-03.

Editor's note: Section 24 of Ordinance No. 175,048, effective 1-23-03, purported to amend Section 4.116 of this Code in its entirety. Section 4.116 was repealed, however, before Ordinance No. 175,048 became effective. The section is set out above as if Section 24 of Ordinance No. 175,048 had the effect of enacting a new Section 4.116.

Notwithstanding Section 4.108(a) of the Los Angeles Administrative Code:

(a) Whenever a full-time employee voluntarily reduces the number of the employee’s biweekly regular hours from 80 to a number not less than 72 at the request and/or with the permission of the employee’s department, office or bureau; or

(b) Whenever the appointing authority, in order to meet the varying needs of the different City agencies, reduces the number of a full-time employee’s biweekly regular hours to a different number of hours as may be established by the appointing authority pursuant to the City’s adoption of a resolution declaring a fiscal emergency;

an employee whose biweekly regular hours are reduced as authorized in this section shall be credited with all the rights and benefits as though the employee worked 80 hours in the payroll period. Compensation received under the circumstances herein provided shall be considered full compensation for all employees participating in such hour reduction.

SECTION HISTORY

Added by: Ord. No. 157,826, Eff. 7-25-83.

Amended by: In Entirety, Ord. No. 175,048, Eff. 1-23-03; Ord. No. 180,696, Eff. 5-21-09.

Each department, office and bureau shall be responsible for administering time off for its employees who choose to donate blood or bone marrow. Depending on the operating needs of the department, office or bureau, appointing authorities may permit an employee to take time off with pay to donate blood or bone marrow as specified under the provisions of this section.

(a) Blood Donation – Employees may take time off with pay to donate blood up to one hour to donate at a work site donation drive and up to two hours to donate at a non-work site location during a 12 month period.

(b) Bone Marrow Donation – Employees may take time off with pay to donate bone marrow up to 40 hours during a 12 month period.

(c) A 12 month period shall begin on the first day of leave for each individual taking leave. The succeeding 12 month period will begin the first day of the leave taken under this provision of this section after completion of the previous 12 month period.

(d) Employees who request time off to donate blood pursuant to Subsection (a) must submit verification from the American Red Cross or other recognized donation organization that they have donated or that their donation was deferred by the organization.

(e) Employees requesting a leave of absence pursuant to Subsection (b), shall provide written verification to management that (1) the employee is a bone marrow donor and (2) that there is a medical necessity for the bone marrow donation and absence from work.

SECTION HISTORY

Added by Ord. No. 171,027, Eff 4-25-96; Ord. No. 171,027 Repealed by Ord. No. 175,849, Eff. 3-25-04.

Amended by: In Entirety, Ord. No. 175,849, Eff. 3-25-04.