Common use of Night Differential / Overtime Clause in Contracts

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 Commissioner may authorize the Engineer in advance in writing to have an Assigned Employee Personnel 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 EmployeePersonnel’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 EmployeePersonnel’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 EmployeePersonnel, as evidenced by the Engineer’s payroll register. (d) The premium payment shall not be subject to any multiplier whatsoever.