217 – Overtime
The Harris County Sheriff’s Office (HCSO) overtime policy has been established based on the Fair Labor Standards Act (FLSA) and the Harris County personnel regulations.
A. FLSA Exempt Status:
Positions equal to and above the rank of lieutenant are considered exempt from FLSA and are not entitled to time and one-half compensation for overtime worked. Such personnel will be compensated in accordance with FLSA and Harris County personnel regulations.
Exception: Under special circumstances, exempt employees holding the rank of major, captain, and lieutenant, or their equivalent, may, at the sole discretion of the Sheriff, receive exempt time compensation. This compensation will be paid at a straight time rate for all hours worked over 40 hours per week.
B. FLSA Non-Exempt Status:
Line personnel are required by law to be compensated for overtime as defined by the FLSA. Such personnel will be compensated in accordance with Harris County personnel regulations.
1. 40-Hour Work Week:
Personnel employed by the HCSO in positions non-exempt from the FLSA will be assigned to 40-hour per week shifts.
2. Supervisory Approval:
Overtime will be paid to non-exempt persons who work more than 40 hours per week with prior supervisory approval.
3. Emergency Overtime:
Overtime shall be allowed only in emergency situations or where circumstances dictate that the employee could not otherwise complete official duty assignments. Emergency overtime shall be allowed when one of the following conditions is met:
a. When failure to perform duty would result in a violation of law,
b. When failure to perform duty would result in a serious impediment to the orderly progression of the justice system, or
c. When failure to perform duty would result in a HCSO work stoppage or other serious impairment to the agency’s ability to perform public service adequately.
A. Prior Approval:
Requests for overtime will be made in advance of working overtime by the person who will perform the work.
1. Written: The employee shall complete a Harris County overtime authorization form.
a. The immediate supervisor will review the request and, if approved, will sign the appropriate block on the overtime authorization form. Supervisors shall not approve overtime requests unless such request is an emergency or absolutely necessary to maintain official HCSO operations and activities.
b. All approved overtime authorization forms shall be forwarded to the supervisor in the chain of command who shall review the authorization and sign in the space marked “Approved, Certifying Supervisor.”
2. Verbal: A verbal request shall be honored when circumstances necessitate. However, a written overtime authorization form shall be completed and forwarded to the employee’s immediate supervisor as soon as possible.
B. Emergency Overtime:
Employees are not permitted to work overtime unless authorization has been obtained. Emergency overtime rules outlined above apply.
Prior approval of overtime from a supervisor is not required if the employee has received one of the following. However, a completed overtime form stamped with the court seal must be submitted.
1. A court slip, subpoena, or other duly authorized order from court.
2. Written permission authorizing overtime from the Sheriff or his or her designee.
D. Overtime and authorized time off forms are available on the HCSO Intranet.
E. Falsification of Records:
Employees who submit any false, fraudulent, or misleading employment information, employee activity report, statement of facts, affidavit of any type, or documentation supporting absences or overtime shall be subject to disciplinary action, which may include termination.
This policy has been revised on the following listed dates:
April 21, 2009