City and County of San Francisco
Department of Human Resources
Overtime Accountability
Mayor’s Executive Directive 07-11
& Administrative Code 18.13-1
1
Is Overtime Bad? Not Necessarily…
From a purely economic perspective, not so bad
for lower paid employees
If you have 2080 hours of additional work need to be performed, you can have an existing
employee perform or hire a new one
Classification
Top Step Salary
Retirement
Social Security
Medicare
Health Insurance
Classification
Top Step Salary
Retirement
Social Security
Medicare
Health Insurance
2604 Food Service Worker
$41,002
5.91% and 7.5%
6.20%
1.45%
Charter, Kaiser and Dental
Total
7347 Plumber
$89,596
5.91%
6.20%
1.45%
Charter, Kaiser and Dental
Total
Cost of Performing
Using an Existing
Employee with OT
$61,503.00
$61,503.00
Cost of Performing
Using an Existing
Employee with OT
$134,394.00
$134,394.00
Cost of Hiring A
New Employee
$41,002.00
$5,498.37
$2,542.12
$594.53
$12,827.40
$62,464.42
Cost of Hiring A
New Employee
$89,596.00
$5,295.12
$5,554.95
$1,299.14
$12,827.40
$114,572.62
If the additional work is sporadic, cost of hiring an
additional worker might not make economic sense
2
What are the Concerns?
Creates the perception that City employee are
overpaid (e.g., top paid city employee is a Jail
Nurse; earned $117K in base, but $216K in
OT)
3
Other Concerns?
creates huge liabilities (i.e., $171 million)
creates potential inequities among employees
may diminish quality of work performed
4
What Must Be Done?
Employees should not work overtime hours that exceed, in a fiscal
year, more than 30% of their regularly scheduled hours (e.g., 624
hours for FT employee); overtime is typically by seniority, on a rotating
basis.
Per the SEIU 1021 Misc. MOU
356. Overtime shall be distributed on a voluntary, rotational basis.
The rotation shall begin with the most senior qualified employee in the
classification, in the department or in the facility and continue down
through the seniority list which shall be provided to the Union upon
request. Overtime shall be equalized among all volunteers on an
annual basis. Each department shall provide its overtime records to
the Union Steward upon request. Appointing Officers shall give as
much notice as possible of available overtime to be worked.
357. Whenever possible, available overtime shall be posted a
minimum of two (2) weeks in advance. This posting shall include the
name of the first eligible employee to sign up for said overtime. The
posting shall also include a cut-off date and time for signing up. Once
the sign-up has been completed, the names of the employees who are
to work the overtime shall be posted. In the event of an insufficient
number of volunteers, employees shall be drafted to work the overtime
by reverse seniority.
Employees may not work more than 80 hours in a week.
5
How Different Than Prior Ordinance?
Unlike the Prior Ordinance, this Ordinance Will
Have Oversight
The Controller and Director of Human Resources
shall submit a biannual report to the Board of
Supervisor on January 5th and May 1st of each year
documenting the extent to which each department
has complied with this section.
The Controller shall submit a monthly report to the
Board of Supervisors and the Mayor’s Budget Director
listing the five City departments using the most
overtime in the preceding month.
A hearing on this report shall be calendared as a
standing agenda item of the Budget and Finance
Committee or another fiscal committee of the Board of
Supervisors as determined by the President of the
Board of Supervisors.
6
How Different Than Prior Ordinance?
30% Threshold, Unlike Prior 16% or
Proposed 25% Is An Obtainable Goal For
Departments
9163 Transit Operators
46% over 16% (332.8 hours) cap
20% over 25% (520 hours)
13% over 30% (624 hours)
8238 911 Dispatchers
Level of OT if smoothed evenly among all
employees, 13.4%
38% over 16% (332.8 hours) cap
19% over 25% (520 hours)
11% over 30% (624 hours)
7
How Different Than Prior Ordinance?
30% Threshold, Unlike Prior 16% or Proposed 25% Is
An Obtainable Goal For Departments
8320 Juvenile Counselors
Level of OT if smoothed evenly among all employees, 18.7%
(13.4% since January of 2008)
35% over 16% (332.8 hours) cap
29% over 25% (520 hours)
21% over 30% (624 hours)
3417 Gardeners
Level of OT if smoothed evenly among all employees, 5.8%
10% over 16% (332.8 hours) cap
6% over 25% (520 hours)
4% over 30% (624 hours)
8
How Different Than Prior Ordinance?
30% Threshold, Unlike Prior 16% or Proposed 25% Is
An Obtainable Goal For Departments
9209 Community Police Service Aides
Level of OT if smoothed evenly among all employees, 14%
43% over 16% (332.8 hours) cap
18% over 25% (520 hours)
9% over 30% (624 hours)
Q2-4 Police Officers
Level of OT if smoothed evenly among all employees, 12%
29% over 16% (332.8 hours) cap
14% over 25% (520 hours)
10% over 30% (624 hours)
9
How Departments Will Comply with
the Administrative Code 18.13-1
Fully Staff to the extent authorized
Manage Staffing Levels (e.g., stagger paid time off)
Control Assignment of Overtime (OT must be authorized by AO)
Control Paid Leave (e.g., requests for paid leave should be
evaluated in the context of whether it will necessitate additional
hours to be worked)
Flexible Work Schedules
Compensatory Time in-lieu (if does not create backfill liabilities)
As-needed Employees (if additional work is truly as-needed)
Standby Pay (in-lieu of OT, if appropriate)
10
What if you need an exemption?
Critical Staffing Shortage
Examples: high vacancy rate, minimum
staffing, imposition of mandatory overtime.
May ask DHR for an exemption for the
ordinance, but must do so before you pass the
thresholds.
Disaster/Emergency
11