10-3-1109.5. Overtime for law enforcement personnel.
(1) As used in this section: "Nonexempt employee" means a municipal employee who is nonexempt under the requirements of the Fair Labor Standards Act of 1978, 29 U.S.C. Sec. 201 et seq. "Overtime" means hours worked in excess of a nonexempt employee's work period. "Regular hourly rate" means the hourly rate of pay a nonexempt employee receives for hours worked during a work period. "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) The governing body of a municipality 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: designates a work period for the nonexempt employee that is the same as, or equivalent to, a work period described in Subsection; and 63A-17-502(2) compensates the nonexempt employee for overtime at a rate of one and one-half times the nonexempt employee's regular hourly rate.