17-33-11.7. Overtime for law enforcement personnel -- Exception. (1)As used in this section: (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. Sec. 201 et seq. (b)"Overtime" means hours worked in excess of a nonexempt employee's work period. (c)"Regular hourly rate" means the hourly rate of pay a nonexempt employee receives for hours worked during a work period. (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: (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 (b)compensates the nonexempt employee for overtime at a rate of one and one-half times the nonexempt employee's regular hourly rate.
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