HomeMy WebLinkAbout05/01/2010 - Report: 2010 Payroll Audit Report - City Council - Audit Committee
Payroll Audit Phase I:
Overtime and Compensatory Time
May 2010
City Internal Auditor’s Office
City of College Station
File#: 10.02
Payroll Audit Phase I
Table of Contents
Introduction ................................................................................................................. 1
Reason for the Audit .............................................................................................. 2
Budget Cuts are Needed Due to Sales Tax Revenue Declines .......................... 2
Overtime and Compensatory Time Background ................................................... 3
FLSA Overtime and Compensatory Time Requirements ................................... 3
City Overtime and Compensatory Time Policies ............................................... 4
Audit Objectives .................................................................................................... 6
Scope and Methodology ........................................................................................ 6
Findings and Analysis .................................................................................................... 8
Opportunities to Cut Overtime & Comptime Expenses Exist ............................... 8
Overtime Pay Exceeds FLSA Requirements ....................................................... 8
Temporary or Seasonal Employees are Receiving Overtime ............................ 9
Overtime is Earned Regardless the Hours of Sick Time Taken ........................10
Some Second Jobs Don’t Meet Overtime Exemption Criteria ..........................10
Staff is Using Comptime to Earn Comptime or Overtime.................................11
Recommendations ....................................................................................................... 12
Management Response ................................................................................................ 14
Payroll Audit Phase I: Overtime and Compensatory Time 1
Introduction
The City Internal Auditor conducted this internal audit of the City’s
overtime and compensatory time policies, procedures and practices
pursuant to Article III Section 30 of the College Station City Charter,
which outlines the City Internal Auditor’s primary duties.
An internal audit is an objective, systematic examination of evidence
to assess independently the performance of an organization, program,
activity, or function. The purpose of an internal audit is to provide
information to improve public accountability and facilitate decision-
making. Internal audits encompass a wide variety of objectives,
including those related to assessing program effectiveness and
results; economy and efficiency; internal control; compliance with
legal or other requirements; and objectives related to providing
prospective analyses, guidance, or summary information.
The results of a citywide risk assessment conducted in October 2007
identified payroll as a potential audit topic for the fiscal year 2010
audit plan. On September 24, 2009, the City Council approved the
City Internal Auditor’s audit plan, which included a citywide payroll
audit.
In March 2010, payroll policies and procedures were reviewed and a
preliminary analysis of payroll data from fiscal year 2007 through
2009 was conducted. During the preliminary review, potential
overtime and compensatory time cost savings were identified. In
order to provide timely information to city management along with
appropriate audit coverage, the citywide payroll audit has been
divided into two parts. This audit report (Phase I) focuses primarily
on overtime and compensatory time, while Phase II (which will be
reported at a later time) will cover all other payroll related issues.
Payroll Audit Phase I: Overtime and Compensatory Time 2
Reason for the Audit
Budget Cuts are Needed Due to Sales Tax Revenue Declines
Historically, the City of College Station has seen increases to its
annual budget due to the need to provide additional services to its
rising population and the availability of revenue from growing sales
tax receipts. However, the recent downturn in the national and local
economy has led to sales tax revenue declines, which have put
pressure on city departments to make significant budget cuts.
Because estimated overtime expenditures are over two million dollars
per year, an audit to determine if savings can be realized in overtime
and compensatory time expenditures was warranted. Table 1 below
summarizes overtime expenditures and the value of compensatory
time earned between fiscal years 2007 and 2009.
Table 1: Overtime & Comptime Earned from FY07 to FY09
Fiscal
Year
Overtime
Expenditures
Value of Comp
Earned
Total Value of
CE & OT
2007 $ 1,706,000 $ 311,000 $ 2,017,000
2008 $ 2,026,000 $ 315,000 $ 2,341,000
2009 $ 2,013,000 $ 337,000 $ 2,350,000
In FY10, departments have been asked to reduce their
budgets by $3.9 million. There have been two budget reductions
in fiscal year 2010. The first budget reduction called for
approximately $1,872,000 in cuts. Seventeen percent of the
proposed cuts were in salary and benefits (mostly due to holding
certain positions vacant). On March 25, 2010, city departments were
asked to make another $2,075,000 in budgetary cuts.
Sales tax revenue has experienced eleven consecutive
months of negative growth. Sales tax is the largest single
revenue source for the General Fund, accounting for approximately 36
percent of General Fund revenue. In May 2008, sales tax revenue
increased 14.47 percent from sales tax revenue received in May 2007.
Since May 2008, however, sales tax revenue growth has been steadily
declining; and from May 2009 through March 2010, the City
witnessed eleven consecutive months of negative sales tax revenue
growth. Figure 1 on the next page describes this decline in sales tax
revenue growth.
Payroll Audit Phase I: Overtime and Compensatory Time 3
Figure 1: Sales Tax Revenue Declines (May 2008 to March 2010)
Overtime and Compensatory Time Background
FLSA Overtime and Compensatory Time Requirements
The Fair Labor Standards Act (FLSA) requires employers to pay at
least one and one-half times the employees' regular rates of pay for
all hours actually worked over 40 in the work week.
Compensatory time refers to a type of work schedule arrangement
that allows workers to take time off instead of, or in addition to,
receiving overtime pay. Non-exempt workers must receive one and
one half times their normal hourly wage for every hour worked
beyond 40 hours in a work week. For example, a worker who clocks
48 hours in one week would forego the 12 hours of overtime pay and
instead take 12 paid hours off at some future date.
There are several exemptions from the FLSA for public sector
employees. Certain employees in the following examples may be
exempt from the overtime requirements of the FLSA:
employees who solely at their option occasionally or sporadically
work on a part-time basis for the same public agency in a
-20%
-15%
-10%
-5%
0%
5%
10%
15%
20%
Payroll Audit Phase I: Overtime and Compensatory Time 4
different capacity than the one in which they are normally
employed
employees at their option with approval of the agency, who
substitute for another during scheduled work hours in the same
work capacity
employees that meet exemption requirements for executive,
administrative, professional or outside sales occupations
employees working in separate seasonal amusement or
recreational establishments such as swimming pools, parks, etc.
Overtime and comptime for sworn firefighters is determined
according to the FLSA 207(k) exemption. Section 7(k) of the
FLSA provides that employees engaged in fire protection may be paid
overtime on a "work period" basis. A "work period" may be from 7
consecutive days to 28 consecutive days in length. For example, fire
protection personnel are due overtime under such a plan after 212
hours worked during a 28-day period. For work periods of at least 7
but less than 28 days, overtime pay is required when the number of
hours worked exceeds the number of hours which bears the same
relationship to 212 as the number of days in the work period bears to
28. The City’s firefighters overtime and compensatory time
compensation is calculated according to the FLSA 207(k) exemption.
City Overtime and Compensatory Time Policies
According to the City’s Employee Handbook, department directors
may schedule overtime when necessary to meet essential operating
requirements. Employees are not permitted to work overtime, or
accrue compensatory time off, without prior authorization and
approval by their immediate supervisor or department director.
Non-exempt employees are eligible to receive overtime and
comptime. Employees in non-exempt positions with actual work
hours that exceed forty in the designated work week are eligible to
receive overtime pay or compensatory time off at a rate of one and
one-half times their regular rate of pay for the hours worked in excess
of forty in a work week. The city policy also states that employees
may be entitled to overtime pay for hours worked during a regularly
scheduled holiday and for hours worked on an emergency call back
basis.
Payroll Audit Phase I: Overtime and Compensatory Time 5
The max accrual for non-exempt comptime is sixty hours.
According to city policy, the accrual of compensatory time off for non-
exempt employees is limited to sixty hours, unless otherwise specified
by the department. After accruing sixty hours of compensatory time
off, an employee receives overtime pay for excess hours in the
designated work week.
Leave is included in determining overtime and comptime.
The City’s policy includes leave in determining overtime and
compensatory time—which is above what the FLSA requires.
Specifically, the policy states:
“For the purpose of computing overtime and compensatory time
for non-exempt employees, holiday, sick, or vacation time used
during the pay period may be included. Upon termination, non-
exempt employees will be paid for all accrued overtime and/or
compensatory time.”
The city has a policy for the determination of overtime in the
case of secondary employment. The City’s policy relating to
secondary employment is in alignment with the FLSA. According to
this policy, if an employee, at his/her own option, works a second job
with the City in a different capacity from his/her regular employment
and on an occasional and sporadic basis, the hours worked in the two
jobs should not be combined for the purpose of determining overtime.
Comptime policies for exempt employees have recently
changed. Prior to November 1, 2009, exempt employees were
eligible to accrue compensatory time on an hour-for-hour basis for
work performed above the normal requirements of the job. The
accrual of compensatory time for exempt employees was unlimited,
but exempt employees were not to be paid for accrued compensatory
time upon termination.
Effective November 1, 2009, exempt employees should not record
any new compensatory time. However, department directors may
grant employees up to 3 days of comptime (24 hours) when unusually
high volume of work is required over an extended period of time.
This time must be taken within 90 days of the time granted.
Payroll Audit Phase I: Overtime and Compensatory Time 6
Audit Objectives
This audit addresses city overtime and compensatory time policies,
procedures and practices. This report answers the following
questions:
Are city employees complying with applicable laws, policies, and
procedures?
Can the city realize any overtime or compensatory time cost
savings through changing employee practices or city policies and
procedures?
Scope and Methodology
This audit was conducted in accordance with government auditing
standards, which are promulgated by the Comptroller General of the
United States. Audit fieldwork was conducted from March 2010
through May 2010. Audit tests were performed using payroll data
from fiscal year 2007 through fiscal year 2009, which comprised
77,701 payroll checks for approximately $116,538,000.
The audit methods included:
Reviewing the work of auditors in other jurisdictions and
researching professional literature to identify best practices
regarding overtime and compensatory policies and procedures.
Interviewing staff responsible for performing various payroll
related duties and oversight functions.
Reviewing applicable city policies and procedures and relevant
state and federal laws and regulations.
Identifying potential overtime and compensatory time cost savings
by (1) conducting data analysis using specialized auditing
software and (2) reviewing a statistical sample of fiscal year 2009
time sheets.
Identifying all current fulltime employees who have worked a
second job with the City during the period of their fulltime
Payroll Audit Phase I: Overtime and Compensatory Time 7
employment. Reviewing support documentation to determine if
these employees’ secondary employment met FLSA overtime
exemption criteria.
Interviewing city staff in all departments at the production level of
the organization regarding scheduling, workload, overtime, and
other payroll related issues; while observing them during the
normal course of their workday.
Payroll Audit Phase I: Overtime and Compensatory Time 8
Findings and Analysis
Opportunities to Cut Overtime & Comptime Expenses Exist
Given the forecasted budget shortfalls in the current fiscal year, this
audit report was prepared to inform city management of potential
savings that could be realized if changes are made in overtime and
compensatory time policies.
Overtime Pay Exceeds FLSA Requirements
The FLSA requires that all covered nonexempt employees be paid
overtime pay at no less than time and one-half their regular rates of
pay for all hours worked in excess of 40 in a work week. City fire
protection personnel are due overtime after 212 hours worked during
a 28-day period. Hours of work include all of the time an employee is
on duty at the employer's establishment or at a prescribed work
place, as well as all other time during which the employee is suffered
or permitted to work for the employer.
Aligning city policy with minimum FLSA requirements could
realize significant savings. The city includes leave taken when
determining overtime, which is not required by the FLSA. In other
words, city employees are paid time and a half when hours actually
worked plus any leave is greater than 40 hours in a work week. For
example, an employee who is off sick Monday through Thursday and
works 10 hours on Friday would get paid time and an half for 2 hours
under current city practices.
Changing city practices by drafting an overtime policy in alignment
with FLSA minimum requirements would result in significant cost
savings. When hours actually worked during a work period do not
exceed FLSA requirements for overtime, the City should compensate
employees at straight time. By implementing such a policy the City
would have saved between $176,000 and $191,000 in fiscal year
2009—an 8.7 to 9.5 percent reduction in total overtime cost.
Aligning city policy with minimum FLSA requirements would also
reduce the amount of compensatory time earned. For example, the
value of the compensatory time that would be saved in fiscal year
Payroll Audit Phase I: Overtime and Compensatory Time 9
2009 (under such a policy) would have been between $35,000 and
$39,000.
Fire protection personnel overtime calculation exceeds FLSA
requirements. In order to accommodate the 24 hour shifts fire
protection personnel work, these employees work 216 hours in a 28
day period. Therefore, they should be compensated for 4 hours of
overtime for each 28 day period based on FLSA rules. The City,
however, is compensating these employees for 5.33 hours of
overtime every 28 day period. This overtime compensation is above
what is required by the FLSA. As a result, firefighters received
overtime overpayments of approximately $39,460, $45,110, and
$45,880 in fiscal years, 2007, 2008, and 2009 respectively.
Temporary or Seasonal Employees are Receiving Overtime
Seasonal employment is defined as annually recurring periods of work
of at least 6 months, but less than 12 months, during a calendar
year. Recurring work that last less than 6 months is generally
considered as temporary employment. One of the purposes of
seasonal and temporary employees is to reduce overtime costs during
forecasted periods of peak workload. Therefore, temporary or
seasonal employees typically do not earn overtime. Table 2 below
provides a summary of the overtime that has been paid to seasonal or
temporary employees over the last three fiscal years.
Table 2:
Temporary/Seasonal Employees Paid Overtime
Department FY 07 FY08 FY09
Parks & Rec $ 94,919 $ 40,985 $ 10,472
Gen Govt 33,658 2,658 3,588
Fire 4,029 365 0
Fiscal 1,593 0 0
BVSWMA 367 0 0
IT 0 257 0
Totals: $ 134,566 $ 44,264 $ 14,949
In addition, local government employees working in separate seasonal
amusement or recreational establishments such as swimming pools or
parks are exempted from FLSA overtime requirements if (1) the
establishment does not operate for more than seven months in a
calendar year; or (2) during the preceding year, its average receipts
Payroll Audit Phase I: Overtime and Compensatory Time 10
for any six months of the year were not more than 33 1/3 percent of
its average receipts for the other six months of that year. Sixty
percent of the temporary/seasonal employees who received overtime
over the last three fiscal years were seasonal aquatics employees.
Based on interviews with Parks and Recreation staff, some seasonal
employees are misclassified. These misclassified seasonal employees
work in a variety of capacities year round and are not taken off of the
City’s payroll. Therefore, these employees should be classified as
part-time employees who are not exempt from FLSA requirements.
Overtime is Earned Regardless the Hours of Sick Time Taken
By flexing schedules, instead of approving sick leave, the City could
realize significant savings in overtime expenses. The City could have
saved between $156,000 and $169,000 in fiscal year 2009 overtime
expenditures by implementing such a policy. For example, within the
scope of my review, I found a city employee who clocked 20 hours of
regular time, 36 hours of sick, 12 hours of overtime, and 1.75 hours
of compensatory time within a work week. If this employee was
required to flex his schedule in lieu of taking sick leave, he would
have only been paid for 40 hours of straight time.
Some Second Jobs Don’t Meet Overtime Exemption Criteria
As of March 2010, there were 100 fulltime employees who have
worked a secondary job with the City during sometime of their
tenure. Over 90 percent of the secondary jobs worked by city
employees were in the Parks and Recreation Department.
Approximately 68 percent of secondary employment is the result of
city sponsored special events—37 percent consisted of event staff and
31 percent consisted of police officers working security for special
events.
In considering if secondary employment within the City meets FLSA
exemption rules, four criteria must be met. When compared to the
primary employment, the secondary employment at the same public
agency must be (1) occasional and sporadic, (2) part-time, (3) at the
employee’s option, and (4) substantially different.
I reviewed employment data for all 100 fulltime employees who
worked a second job with the City. I found that all secondary
employment was part-time in nature and appeared to be at the
Payroll Audit Phase I: Overtime and Compensatory Time 11
employees’ option. On the other hand, some records appeared to
indicate that the secondary job was recurring and of a similar nature
to the employees’ fulltime positions. Table 3 below summarizes these
results. Further work is needed to determine for certain if all or any
of these employees were due any overtime payments.
Table 3: Secondary Employment Review Results
Number of
Employees
Are the jobs
in the same
department?
Are the jobs’
duties similar?
Is secondary
employment
ongoing?
At least a
year in
second job?
4
1 4 7
8 2
35 11 4
20 4
Staff is Using Comptime to Earn Comptime or Overtime
Some city employees are taking compensatory time to earn additional
compensatory time or overtime. This can be considered an area of
abuse because employees earn compensatory time and overtime at
time and a half, but compensatory time is taken on an hour for hour
basis. If this practice was abolished, the value of the savings in terms
of time or money would be between $29,000 and $32,000.
Payroll Audit Phase I: Overtime and Compensatory Time 12
Recommendations
1. The City Manager should consider two options in changing the
City’s overtime and compensatory time policies.
Option 1:
a. Align city overtime and compensatory time with FLSA
minimum requirements. For the purpose of computing
overtime and compensatory time for non-exempt employees,
holiday, sick, or vacation time used during the pay period
would no longer be included.
b. Adjust fire personnel overtime pay compensation to reflect a
28 day pay period based on the FLSA 207(k) exemption.
c. Only under very limited circumstances should temporary or
seasonal workers be scheduled to work overtime.
d. The practice of using compensatory time to earn overtime or
additional compensatory time should be eliminated.
Option 2:
In addition to all the policy changes considered in option 1, the
City Manager should consider directing departments to utilize
flexible scheduling when sick leave and overtime or compensatory
time is recorded during the same work week. Table 4 below
summarizes the estimated FY 2009 savings that may have been
realized if these recommended policies would have been in place.
Table 4: FY09 Estimated Overtime & Comptime Savings
FY09 Estimated Savings Option 1 Option 2
Overtime exceeding FLSA laws $176,000 $121,000
Flexing sick leave in lieu of OT $0 $156,000
Comptime exceeding FLSA laws $35,000 $35,000
Fire FLSA 207(k) exemption $46,000 $46,000
Temp/seasonal overtime savings $15,000 $15,000
Using comptime to earn OT or CE $29,000 $29,000
Totals: $301,000 $402,000
Payroll Audit Phase I: Overtime and Compensatory Time 13
When implementing parts or all of this recommendation, the City
Manager should consider the possible impact to emergency
situations. City supervisors and staff at various departments
expressed concern that many employees would become
unavailable if they are not guaranteed some sort of premium pay
for being called into work during non-scheduled hours. The
greatest risk occurs during the rare circumstances a city
emergency arises where additional employees (other than the
staff who are on-call) are needed to mitigate the situation.
2. The Parks and Recreation Department should coordinate with the
Human Resources Department a good deal before the opening of
seasonal facilities to better plan the hiring process of temporary
and seasonal workers. In addition, the HR Director should take all
the necessary steps to (1) create a part-time without benefits
employee classification, and (2) ensure that all city employees are
appropriately classified.
According to Parks and Recreation supervisors, there are two
primary causes why payroll records indicate that there are several
temporary and seasonal workers receiving overtime. First, the
employment process is complex, sometime taking weeks to
complete; therefore, an inadequate number of seasonal workers
are hired prior to the opening of seasonal facilities. Second, some
employees are employed throughout the year on a part-time
basis. These employees are treated as part-time without benefit
employees; however, the City does not currently have such a
classification—only a part-time with benefits classification exist.
3. The HR Director should develop procedures to ensure that
secondary employment within the City meets the four FLSA
exemption criteria—the secondary employment must be (1)
occasional and sporadic, (2) part-time, (3) at the employee’s
option, and (4) substantially different. The HR Director should
also work with Parks and Recreation staff to develop a solution to
meet staffing needs at special events, while complying with the
FLSA.
In addition, better record keeping is needed to ensure that
secondary employment hire and termination dates are accurate.
Therefore, these records will not appear to be on-going, part-time
positions when they are actually temporary and sporadic in
nature.
Payroll Audit Phase I: Overtime and Compensatory Time 14
Management Response
Date: June 10, 2010
To: Ty Elliot
Through: Glenn Brown, City Manager
From: Alison Pond, Human Resources Director
Cc: Kathy Merrill, Assistant City Manager
Cc: David Neeley, Assistant City Manager
Cc: Jeff Kersten, Chief Financial Officer
Overall, Management agrees with the recommendations of the City Auditor related to implementation
or modification of current practices. It should be noted that the savings that are highlighted in these
findings are based on a statistical sampling and may not be actual dollars saved by modifying these
practices.
Currently pay practices fall under the Fiscal Services Division (Payroll), however the policy of these
pay-related items are under the jurisdiction of the Human Resources Division. Thus, the response
from this audit comes directly from the Human Resources Director.
Based on the findings and recommendations of this audit, the following is a specific response to each
of the categories listed in the audit
Item #1: Overtime & Compensatory Time Policies
The four items listed under Item #1 are related, but require an individual response.
a. Align city overtime and compensatory time with FLSA minimum requirements.
Response: Management concurs with this recommendation and will modify the current policy to
realign to meet the requirements of FLSA. This rewritten policy will include the understanding that
only time worked will be counted towards overtime, to exclude counting vacation, sick, holiday pay—
which are not hours worked, but earned.
b. Adjust fire personnel overtime pay compensation to reflect a 28 day pay period based on the FLSA
207(k) exemption.
Response: Firefighter pay is currently calculated based on a formula that includes their 24-hour
workday, and calculations are based on the assumption of paying out a yearly rate that is different
than typical pay calculations. Texas Law has allowed for a calculation of hours that would include a
different assumption of overtime pay. The HR Director and CFO will review the current calculation
method used in calculating firefighter pay and submit to the City Manager’s office for further review.
c. Only under very limited circumstances should temporary or seasonal workers be scheduled to
work overtime.
Response: Management agrees with this finding, and will begin the implementation of a new
category of worker, to include part-time, non-benefitted to better account for the various scenarios
workers may be working. This additional category would be added for those employees who work
longer throughout the year on a part-time basis, but not eligible to receive benefits.
Payroll Audit Phase I: Overtime and Compensatory Time 15
d. The practice of using compensatory time to earn overtime or additional compensatory time should
be eliminated.
Response: Management agrees with this finding and will educate supervisors regarding the practice
of approving compensatory time, which would exclude the ability to earn overtime on comp time
hours.
Item #2: Seasonal/Temporary Employment
Recommendation; HR Department coordination of hiring for part-time/seasonal employees and
creation of part-time employee classification. In addition, HR should ensure that all city employees
are appropriately classified.
Response: Management agrees with adding an additional category of part-time, non-benefitted and
will work on the creation of this additional classification and moving employees to the correct
classification.
Item #3: Secondary employment within the City.
Recommendation: The HR Director should develop procedures to ensure that secondary
employment within the City meets the four FLSA exemption criteria including: 1) occasional and
sporadic, 2) part-time, 3) at the employee’s option, and 4) substantially different.
Response: Management agrees with this recommendation in the criteria of secondary employment
as it relates to FLSA regulations. HR Director will review current procedures and make any changes
to ensure that this criteria is met regarding any secondary employment within the City.
Currently managers oversee the hiring and termination process for seasonal/temp employees, and
HR will continue to educate supervisors of the importance of ensuring that employees are terminated
from the system in a timely fashion.