§ 160A‑295. (Contingenteffective date see Editor's note) Definitions.
As used in this Article, thefollowing terms mean:
(1) Compensatory time. Time off with regular compensation in lieu of immediate overtime premium paywhen a fire department, under certain conditions, compensates the firefighterfor overtime hours worked.
(2) Firefighter. Afull‑time, paid employee of an employer, maintaining a fire departmentcertified by the North Carolina Department of Insurance, who is activelyserving in a position with assigned primary duties and responsibilities for theprevention, detection, and suppression of fire.
(3) Supervisorypersonnel. An individual employed by a public safety employer who (i) has theauthority in the interest of the employer to hire, direct, assign, promote,reward, transfer, furlough, lay off, recall, suspend, discipline, or removepublic safety officers, or to adjust their grievances or effectively recommendan adjustment, provided that the exercise of the authority is not merelyroutine or clerical in nature, but requires consistent exercise of independentjudgment; and (ii) devotes a majority of time at work exercising thatauthority.
(4) Trade time. Thetime one individual substitutes for another during scheduled work hours inperformance of work in the same capacity when two individuals are employed inany occupation by the same fire department, as agreed to solely at theindividual's option and with the approval of the management of the firedepartment. The hours worked are excluded by the employer in the calculation ofthe hours for which the substituting employee would otherwise be entitled toovertime compensation under this Article. Where one employee substitutes foranother, the employee being substituted for is credited as if he or she hadworked his or her normal work schedule for that shift. (2008‑151, s. 1.)
§ 160A‑295. (Contingenteffective date see Editor's note) Definitions.
As used in this Article, thefollowing terms mean:
(1) Compensatory time. Time off with regular compensation in lieu of immediate overtime premium paywhen a fire department, under certain conditions, compensates the firefighterfor overtime hours worked.
(2) Firefighter. Afull‑time, paid employee of an employer, maintaining a fire departmentcertified by the North Carolina Department of Insurance, who is activelyserving in a position with assigned primary duties and responsibilities for theprevention, detection, and suppression of fire.
(3) Supervisorypersonnel. An individual employed by a public safety employer who (i) has theauthority in the interest of the employer to hire, direct, assign, promote,reward, transfer, furlough, lay off, recall, suspend, discipline, or removepublic safety officers, or to adjust their grievances or effectively recommendan adjustment, provided that the exercise of the authority is not merelyroutine or clerical in nature, but requires consistent exercise of independentjudgment; and (ii) devotes a majority of time at work exercising thatauthority.
(4) Trade time. Thetime one individual substitutes for another during scheduled work hours inperformance of work in the same capacity when two individuals are employed inany occupation by the same fire department, as agreed to solely at theindividual's option and with the approval of the management of the firedepartment. The hours worked are excluded by the employer in the calculation ofthe hours for which the substituting employee would otherwise be entitled toovertime compensation under this Article. Where one employee substitutes foranother, the employee being substituted for is credited as if he or she hadworked his or her normal work schedule for that shift. (2008‑151, s. 1.)
§ 160A‑295. (Contingenteffective date see Editor's note) Definitions.
As used in this Article, thefollowing terms mean:
(1) Compensatory time. Time off with regular compensation in lieu of immediate overtime premium paywhen a fire department, under certain conditions, compensates the firefighterfor overtime hours worked.
(2) Firefighter. Afull‑time, paid employee of an employer, maintaining a fire departmentcertified by the North Carolina Department of Insurance, who is activelyserving in a position with assigned primary duties and responsibilities for theprevention, detection, and suppression of fire.
(3) Supervisorypersonnel. An individual employed by a public safety employer who (i) has theauthority in the interest of the employer to hire, direct, assign, promote,reward, transfer, furlough, lay off, recall, suspend, discipline, or removepublic safety officers, or to adjust their grievances or effectively recommendan adjustment, provided that the exercise of the authority is not merelyroutine or clerical in nature, but requires consistent exercise of independentjudgment; and (ii) devotes a majority of time at work exercising thatauthority.
(4) Trade time. Thetime one individual substitutes for another during scheduled work hours inperformance of work in the same capacity when two individuals are employed inany occupation by the same fire department, as agreed to solely at theindividual's option and with the approval of the management of the firedepartment. The hours worked are excluded by the employer in the calculation ofthe hours for which the substituting employee would otherwise be entitled toovertime compensation under this Article. Where one employee substitutes foranother, the employee being substituted for is credited as if he or she hadworked his or her normal work schedule for that shift. (2008‑151, s. 1.)
