(1) As used in this section:

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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.