Exempt or Salaried Non-Exempt Employee Overtime

Citation: FEMA-3216-EM-TX, City of Lubbock, PW 303
Summary:As a result of Hurricane Katrina, residents of several Gulf Coast communities were evacuated to the City of Lubbock (Applicant), Texas, and were provided temporary shelter at the Reese Technology Center Complex and the Lubbock Coliseum. PW 303 was written to reflect the costs for labor, equipment, materials associated with the sheltering operations from September 2, 2005, to October 16, 2005. FEMA determined that $71,161 in overtime pay and fringe benefits for exempt employees during sheltering operations were ineligible, since there was no published overtime policy in effect prior to the event. The Applicant’s first appeal contained a copy of an interoffice memorandum issued by the Applicant’s City Manager, dated September 8, 2005, titled “Overtime Pay Related to Emergency Declaration-Salaried Non-Exempt and Exempt Employees.” The memo describes the authorization of overtime to these employees as “temporary change in policy.” FEMA denied the appeal because the Applicant failed to demonstrate that the overtime policy for exempt employees was in effect prior to the event. The Applicant stated in its second appeal that it was “during the ongoing needs of Katrina the Applicant evaluated the need for a policy…” The Applicant states that the September 8, 2005, memorandum was meant to explain the policy but that a formal policy was adopted “around this period of time.”

Issues:Was there a policy in place before the disaster?

Findings:No. The Applicant has not provided documentation of a written, established policy which was in place before the disaster or any payroll history of overtime being paid in any prior event.

Rationale:Recovery Division Policy 9525.7, Labor Costs – Emergency Work, Section 7.D.