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File #: 19-0735    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 8/2/2019 In control: Child Support
On agenda: 9/17/2019 Final action:
Title: Discussion and Possible Action Including Adoption of Resolution Authorizing an Alternative Work Week Allowing the Utilization of a 9/80 Work Schedule for the Department of Child Support Services (Sponsor: Child Support Services)
Attachments: 1. Resolution 19-348

 

To:  Board of Supervisors

FromChild Support

Meeting DateSeptember 17, 2019

 

Department Contact:  

Anne Molgaard

Phone: 

472-2800

Item Type:   Regular Agenda

 

Time Allocated for Item: 15 Mins

 

 

Agenda Title:

title

Discussion and Possible Action Including Adoption of Resolution Authorizing an Alternative Work Week Allowing the Utilization of a 9/80 Work Schedule for the Department of Child Support Services

(Sponsor: Child Support Services)

End

 

Recommended Action/Motion:

recommendation

Adopt resolution authorizing an alternative work week providing for the utilization of a 9/80 work schedule for the Department of Child Support Services; and authorize Chair to sign same.

End

 

Previous Board/Board Committee Actions:

Ordinance No. 363 was adopted in 1956, with multiple amendments since; Ordinance No. 4342, passed August 18, 2015 to amend certain sections of Title 3 Personnel; Mendocino County Code Section 3.04.100 - Hours of Work establishes the County work week for pay purposes.                     

 

Summary of Request

Pursuant to Mendocino County Code 3.04.100 Hours of Work (A) All County employment is based on a forty (40) hour week, or such other number of hours as the Board of Supervisors may designate by resolution. The County work week for all departments shall be computed from 0001 hours Sunday through 2400 hours the following Saturday (i.e., midnight Saturday through midnight Saturday) for pay purposes; provided, however, that the work week for any department may be changed to a different workweek by resolution of the Board of Supervisors.

 

The Department of Child Support Services desires to offer a 9/80 alternative work schedule to employees who wish to enroll in this type of schedule. Employees have requested this schedule and it is not designed to avoid overtime requirements in the law. The Interim Director has determined that this change for some employees will not prejudice customer service. The office will remain open Monday through Friday, and 8:00-5:00, including lunchtime.

 

Under a 9/80 alternative work schedule, enrolled  employees work eight (8) 9-hour days and one (1) 8-hour day for a total of 80 hours during the two-week period. The Department of Labor - Fair Labor Standards Act (FLSA) (29 CFR Section 778.105) permits employers to designate FLSA workweeks for employees to utilize a 9/80 scheduled in which their FLSA workweek begins four (4) hours after the start of their shift on their 8-hour day. An official designation of an alternative workweek is crucial to ensuring compliance with FLSA regulations.

 

The Department of Child Support Services hereby requests the Board adopt a Resolution authorizing an alternative workweek for the department that allows for a 9/80 alternative work schedule.

 

This alternative workweek will begin at 1201 hours (12:01 p.m.) on Friday and will end at 1200 hours (12:00 noon) on Friday of the following week.

 

In submitting this request, the Department of Child Support Services acknowledges that the utilization of such schedule requires strict adherence and monitoring in order to be compliant with FLSA regulations.  If not followed, the result is that an employee could work 44 hours in one week without overtime compensation. The Department of Child Support Services further acknowledges that enrolled employees may not flex or alter their schedule in any way that jeopardizes the 9/80 work schedule. 

 

The department, through Human Resources, has engaged in required discussions with affected bargaining units regarding the implementation of schedule changes.

 

Alternative Action/Motion:

Do not adopt Resolution; return to Department with direction.                     

 

Supervisorial District:  All

                                          

vote requirement:  Majority

                                          

 

 

Supplemental Information Available Online At: N/A

 

Fiscal Details:

source of funding: N/A

budgeted in current f/y: N/A

current f/y cost: N/A

if no, please describe:

annual recurring cost: N/A

revenue agreement: N/A

 

budget clarification: N/A

 Agreement/Resolution/Ordinance Approved by County Counsel: Yes

 

CEO Liaison: Janelle Rau, Deputy CEO

 

 

CEO Review: Yes 

 

 

CEO Comments:

 

 

FOR COB USE ONLY

Executed By: Lindsey Dunham, Deputy Clerk I

Final Status:Adopted

Date: September 24, 2019

Executed Item Number: Resolution   Number: 19-348