Utah Code 10-3-1109.5. Overtime for law enforcement personnel
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(1) As used in this section:
Terms Used In Utah Code 10-3-1109.5
- Contract: A legal written agreement that becomes binding when signed.
- Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
- Municipal: means of or relating to a municipality. See Utah Code 10-1-104
- Municipality: means :(5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;(5)(b) a town, as classified in Section
10-2-301 ; or(5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104(1)(a) “Nonexempt employee” means a municipal employee who is nonexempt under the requirements of the Fair Labor Standards Act of 1978, 29 U.S.C. § 201 et seq.(1)(b) “Overtime” means hours worked in excess of a nonexempt employee’s work period.(1)(c) “Regular hourly rate” means the hourly rate of pay a nonexempt employee receives for hours worked during a work period.(1)(d) “Work period” means the maximum number of hours, within a specified number of consecutive days, that a nonexempt employee may work before the nonexempt employee is compensated for overtime.
(2) The governing body of a municipality that employs a nonexempt employee engaged in law enforcement activities may, except as otherwise required by a contract or a collective bargaining agreement, enact an ordinance or pass a resolution that:
(2)(a) designates a work period for the nonexempt employee that is the same as, or equivalent to, a work period described in Subsection 63A-17-502 (2); and
(2)(b) compensates the nonexempt employee for overtime at a rate of one and one-half times the nonexempt employee’s regular hourly rate.