Utah Code 17-33-11.7. Overtime for law enforcement personnel — Exception
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(1) As used in this section:
Terms Used In Utah Code 17-33-11.7
- Contract: A legal written agreement that becomes binding when signed.
- Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:(3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and(3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
- Merit system: means a system of personnel administration based on the principles set forth in Section 17-33-3. See Utah Code 17-33-2
(1)(a) “Nonexempt employee” means an county 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) This section does not apply to a county subject to Chapter 30a, Peace Officer Merit System in Counties of the First Class Act.
(3) The legislative body of a county 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:
(3)(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
(3)(b) compensates the nonexempt employee for overtime at a rate of one and one-half times the nonexempt employee’s regular hourly rate.