No Layoff to Compensate for Overtime Employees shall not be required to layoff during regular hours to equalize any overtime worked.
Compensatory Time for Overtime Eligible Employees
A. Compensatory Time Eligibility
Compensation for Overtime Assigned overtime is designated as those hours over the regular hours of work which are requested of the employee by management. Assigned overtime worked shall be paid at the rate of time and one-half (1 1/2).
Overtime and Compensatory Time Overtime work shall be compensated as follows:
A. Hours in an active pay status in excess of forty (40) hours in any calendar week shall be compensated at the rate of one and one-half (1 1/2) times the total rate of pay, as defined by Section 43.01, for each hour of such time. Total rate of pay includes the base rate plus longevity, all applicable supplements, and shift differential where applicable.
B. An employee may elect to take compensatory time off in lieu of cash overtime payment for hours in an active pay status more than forty (40) hours in any calendar week. Such compensatory time shall be granted on a time and one-half (1 1/2) basis.
C. The maximum accrual of compensatory time shall be two hundred forty (240) hours and compensatory time must be taken within one (1) year of its being earned.
D. When the maximum hours of compensatory time accrual is rendered, payment for overtime work shall be made in cash. Compensatory time not taken within one (1) year shall be paid in cash to a maximum of eighty (80) hours in any pay period.
E. Compensatory time is not available for use until it appears on the employee’s earnings statement and on the date the funds are made available.
F. Upon termination of employment, an employee shall be paid for unused compensatory time at a rate which is the higher of:
1. The final total rate received by the employee, or
2. The average total rate received by the employee during the last three (3) years of employment. For the purposes of this Article, active pay status is defined as the conditions under which an employee is eligible to receive pay, and includes, but is not limited to, vacation leave and personal leave. Sick leave and any leave used in lieu of sick leave shall not be considered as active pay status for purposes of this Article. Compensatory time requests must be submitted in writing twenty-four (24) hours in advance of the anticipated time off, unless the need for time off is of an emergency nature.
Overtime/Compensatory Time A. Employees working assigned, pre-approved time in excess of forty (40) hours per week shall be given either overtime pay or compensatory time at the rate of one and one-half times the employee’s regular rate of pay. The name of the supervisor authorized to approve overtime assignments shall be posted in each building. The employee may elect to take either overtime pay or compensatory time off. Holidays, sick leave, personal days, or vacation days shall be included as regular time for purposes of computing overtime. In the event overtime is required, the Assistant Superintendent or his/her designee shall solicit volunteers to fill the overtime positions. In the event no volunteers are available or the volunteers available are unqualified in the opinion of the Assistant Superintendent or designee, overtime may be assigned. Overtime assignments will be made on a rotational basis at each work site to employees who normally do the work assigned. Reasonable advance notice will be given to employees assigned overtime. An employee shall not be called in for snow removal duty sooner than 8 hours following the conclusion of his/her regular shift or any other work performed for the District.
B. Only forty-five (45) hours of compensatory time can be earned in a contract year. Use of compensatory time must be approved by the employee’s immediate supervisor. Compensatory time earned must be used during the contract year in which it is earned or cashed in for pay at the rate in effect for the employee at the time the employee receives such payment. Employees who have accumulated more than forty (40) hours of compensatory time at the time of execution of this Agreement shall retain all such accumulated time, provided, however, that such employees shall not be allowed to use more than forty (40) hours in any contract year. All compensatory time must be submitted on a timesheet.
C. All overtime worked must be submitted on a timesheet to the building principal in accordance with business office procedures for processing payroll. Requests for use of compensatory time off shall be submitted in writing to the building principal in accordance with business office procedures for processing payroll.
X. Xx employee called in to work on his/her day off will be paid for a minimum of two (2) hours at the appropriate rate.
E. The decision to assign overtime will not be based upon an employee’s preference for either compensatory time or overtime pay.
F. In the event an employee’s regular permanent assignment requires the performance of duties in more than one job classification, the overtime rate to be used to calculate compensation for the employee for the overtime work shall be the rate of the classification which caused the employee to work such overtime hours.
Changes to Compensation Notwithstanding anything contained herein to the contrary, Employee acknowledges that the Company specifically reserves the right to make changes to Employee’s compensation in its sole discretion including, but not limited to, modifying or eliminating a compensation component. The Parties agree that such changes shall be deemed effective immediately and a modification of this Agreement unless, within seven (7) days after receiving notice of such change, Employee exercises his right to terminate this Agreement without cause or for “Good Reason” as provided below in Paragraph No.
Travel Compensation The Contractor shall not be compensated or reimbursed for travel time, travel expenses, meals, or lodging.
Extra Compensation The Board shall pay no fees, other than described above, to the PA/E unless authorized by the Board as follows:
A. If the scope of the Project or site is changed, the Board and the PA/E shall negotiate a reasonable fee based upon the probable estimated construction cost in changing the scope of the work and the approximate percentage of the estimated construction cost which was used to negotiate this Agreement if, and, as such may be applicable.
B. If the DOE or Board requires the PA/E to make major or costly changes to the Schematic, Preliminary or Construction Document Phase submittals, which changes are not caused by architectural or engineering error or oversight, the PA/E shall be paid to redesign for additional expenses in an amount agreed to by the parties. Under no circumstances will the principals of the PA/E and the principals of his consultants be paid a fee in excess of $125.00 per hour.
Overtime for Part-Time Employees
(a) A part-time employee working less than the normal hours per day of a full-time employee, and who is required to work longer than their regular workday, shall be paid at the rate of straight-time for the hours so worked, up to and including the normal hours in the workday of a full-time employee.
(b) A part-time employee working less than the normal days per week of a full-time employee, and who is required to work other than their regularly scheduled workdays, shall be paid at the rate of straight-time for the days so worked up to and including the normal workdays in the workweek of a full-time employee.
(c) Overtime rates shall apply to hours worked in excess of (a) and (b) above.
Overtime Compensation 1. Except as provided in this section, Grantee will be responsible for any obligations of premium overtime pay due employees. Premium overtime pay is defined as any compensation paid to an individual in addition to the employee’s normal rate of pay for hours worked in excess of normal working hours.
2. Funds provided under this Contract may be used to pay the premium portion of overtime only under the following conditions:
i. With the prior written approval of System Agency;
ii. Temporarily, in the case of an emergency or an occasional operational bottleneck;
iii. When employees are performing indirect functions, such as administration, maintenance, or accounting;
iv. In performance of tests, laboratory procedures, or similar operations that are continuous in nature and cannot reasonably be interrupted or otherwise completed; or
v. When lower overall cost to System Agency will result.
