Night Differential / Overtime. The Engineer shall provide a statement describing its company policy with respect to payment of a premium for services performed during other than regular business hours (i.e., premium for Night Differential and/or Overtime). The Engineer’s statement describing its policy shall indicate the following:
(1) whether the policy is consistently applied to all clients; (2) the designated class(s) of employees to whom such policy applies, and (3) the premium or rate of increase to be paid to employees for such services. For the purpose of payment, the Engineer’s policy regarding payment of a premium for services performed during other than regular business hours is subject to approval by the Commissioner. Approval shall only be given if the policy is reasonable, consistently applied to all clients and in accordance with standard practice in the industry. Payment of a premium for services performed during other than regular business hours is subject to the limitations set forth in Article 7.
Night Differential / Overtime. The Commissioner may authorize the Engineer in advance in writing to have an Assigned Employee perform services during other than regular business hours. In the event of such authorization, the Engineer shall be entitled to payment of a premium or increase in the Assigned Employee’s Direct Salary Rate per hour for such services, subject to the limitations set forth below. If applicable to this Project, an allowance in the amount set forth in Exhibit A is established for payment of staffing expenses for those individuals whom the Commissioner has authorized to perform services during other than regular business hours.
(a) The Engineer’s policy is subject to approval by the Commissioner in accordance with Article 5.
(b) The premium for Night Differential shall not exceed ten (10%) percent of the Assigned Employee’s Direct Salary Rate per hour, and the premium for Overtime shall not exceed fifty (50%) percent of such Direct Salary Rate.
(c) The Engineer shall not be entitled to payment of any premium unless the total amount of such premium is actually paid in full by the Engineer to the Assigned Employee, as evidenced by the Engineer’s payroll register.
(d) The premium payment shall not be subject to any multiplier whatsoever.
Night Differential / Overtime. The Construction Manager shall provide a statement describing its company policy with respect to payment of a premium for services performed during other than regular business hours (i.e., premium for Night Differential and/or Overtime). The Construction Manager’s statement describing its policy shall indicate the following: (1) whether the policy is consistently applied to all clients; (2) the designated class(s) of employees to whom such policy applies, and (3) the premium or rate of increase to be paid to employees for such services. For the purpose of payment, the Construction Manager’s policy regarding payment of a premium for services performed during other than regular business hours is subject to approval by the Director. Approval shall only be given if the policy is reasonable, consistently applied to all clients and in accordance with standard practice in the industry. Payment of a premium for services performed during other than regular business hours is subject to the limitation set forth in Article 42.
Night Differential / Overtime. The Director may authorize the Construction Manager in advance in writing to have an Assigned Employee perform services during other than regular business hours. In the event of such authorization, the Construction Manager shall be entitled to payment of a premium or increase in the Assigned Employee’s Direct Salary Rate per hour for such services, subject to the limitations set forth below:
(a) The Construction Manager’s policy is subject to approval by the Director in accordance with Article 11.
(b) The premium for Night Differential shall not exceed ten (10%) percent of the Assigned Employee’s Direct Salary Rate per hour, and the premium for Overtime shall not exceed fifty (50%) percent of such Direct Salary Rate.
(c) The Construction Manager shall not be entitled to payment of any premium unless the total amount of such premium is actually paid in full by the Construction Manager to the Assigned Employee, as evidenced by the Construction Manager’s payroll register.
Night Differential / Overtime. The CM shall provide a statement describing its company policy with respect to payment of a premium for services performed during other than regular business hours (i.e., premium for Night Differential and/or Overtime). The CM’s statement describing its policy shall indicate the following:
(1) whether the policy is consistently applied to all clients; (2) the designated class(s) of employees to whom such policy applies, and (3) the premium or rate of increase to be paid to employees for such services. For the purpose of payment, the CM’s policy regarding payment of a premium for services performed during other than regular business hours is subject to approval by the Commissioner. Approval shall only be given if the policy is reasonable, consistently applied to all clients and in accordance with standard practice in the industry. Payment of a premium for services performed during other than regular business hours is subject to the limitation set forth in Article 7.
Night Differential / Overtime. The Commissioner may authorize the CM in advance in writing to have an Assigned Personnel perform services during other than regular business hours. In the event of such authorization, the CM shall be entitled to payment of a premium or increase in the Assigned Personnel’s Direct Salary Rate per hour for such services, subject to the limitations set forth below. Any premium or increase payable hereunder shall not be subject any Multiplier.
(a) The CM’s policy is subject to approval by the Commissioner in accordance with Article 5.
(b) The premium for Night Differential shall not exceed ten (10%) percent of the Assigned Personnel’s Direct Salary Rate per hour, and the premium for Overtime shall not exceed fifty (50%) percent of such Direct Salary Rate.
(c) The CM shall not be entitled to payment of any premium unless the total amount of such premium is actually paid in full by the CM to the Assigned Personnel, as evidenced by the CM’s payroll register.
