Common use of Non-Standard Workweek Premium Clause in Contracts

Non-Standard Workweek Premium. A. Classifications determined by the Bureau of Human Resources to meet the following criteria shall be designated as non-standard: (1) Positions in a classification have been determined by the Bureau of Human Resources to be exempt for overtime compensation from the Fair Labor Standards Act; (2) Employees are required by working conditions to work a variable workweek in excess of hours specified for non- exempt employees; and (3) Employees’ workweek are irregular and work hours cannot be scheduled or determined except by the employee. B. Employees in a classification which is designated as non-standard shall be compensated at a rate of sixteen percent (16%) above the basic rates in their salary grades, except that any position that is found by the Bureau of Human Resources not to be exempt from the Fair Labor Standards Act for overtime compensation purposes shall not be designated non- standard. C. In the event that the exempt status of any employee in any position designated by the Bureau of Human Resources to be non-standard is subsequently found to be incorrect by the U.S. Department of Labor or a court of competent jurisdiction, the parties agree that the State may: (1) Put the member on the standard work schedule consistent with other bargaining unit employees who are covered by the FLSA; or (2) Readjust the employee’s duties to meet

Non-Standard Workweek Premium. A. Classifications determined by the Bureau of Human Resources to meet the following criteria shall be designated as non-standard: (1) Positions in a classification have been determined by the Bureau of Human Resources to be exempt for overtime compensation from the Fair Labor Standards Act; (2) Employees are required by working conditions to work a variable workweek in excess of hours specified for non- exempt employees; and (3) Employees’ workweek are irregular and work hours cannot be scheduled or determined except by the employee. B. Employees in a classification which is designated as non-standard shall be compensated at a rate of sixteen percent (16%) above the basic rates in their salary grades, except that any position that is found by the Bureau of Human Resources not to be exempt from the Fair Labor Standards Act for overtime compensation purposes shall not be designated non- standard. C. In the event that the exempt status of any employee in any position designated by the Bureau of Human Resources to be non-standard is subsequently found to be incorrect by the U.S. Department of Labor or a court of competent jurisdiction, the parties agree that the State may: (1) Put the member on the standard work schedule consistent with other bargaining unit employees who are covered by the FLSA; or (2) Readjust the employee’s duties to meetmeet FLSA exemption requirements.

Non-Standard Workweek Premium. A. a. Classifications determined by the Bureau of Human Resources to meet the following criteria shall be designated as non-standard: (1) Positions in a classification have been determined by the Bureau of Human Resources to be exempt for overtime compensation from the Fair Labor Standards Act; (2) Employees are required by working conditions to work a variable workweek in excess of hours specified for non- non-exempt employees; and (3) Employees’ workweek are irregular and work hours cannot be scheduled or determined except by the employee. B. b. Employees in a classification which is designated as non-standard shall be compensated at a rate of sixteen percent (16%) above the basic rates in their salary grades, except that any position that is found by the Bureau of Human Resources not to be exempt from the Fair Labor Standards Act for overtime compensation purposes shall not be designated non- non-standard. C. c. In the event that the exempt status of any employee in any position designated by the Bureau of Human Resources to be non-standard is subsequently found to be incorrect by the U.S. Department of Labor or a court of competent jurisdiction, the parties agree that the State may: (1) Put the member on the standard work schedule consistent with other bargaining unit employees who are covered by the FLSA; or (2) Readjust the employee’s duties to meetmeet FLSA exemption requirements. The parties agree further that nothing in this section restricts the State from exercising any appeal rights the State may have in relation to such determination of coverage.

Non-Standard Workweek Premium. A. Classifications determined by the Bureau of Human Resources to meet the following criteria shall be designated as non-non- standard: (1) Positions in a classification have been determined by the Bureau of Human Resources to be exempt for overtime compensation from the Fair Labor Standards Act; (2) Employees are required by working conditions to work a variable workweek in excess of hours specified for non- non-exempt employees; and (3) Employees’ workweek are irregular and work hours cannot be scheduled or determined except by the employee. B. Employees in a classification which is designated as non-standard shall be compensated at a rate of sixteen percent (16%) above the basic rates in their salary grades, except that any position that is found by the Bureau of Human Resources not to be exempt from the Fair Labor Standards Act for overtime compensation purposes shall not be designated non- non-standard. C. In the event that the exempt status of any employee in any position designated by the Bureau of Human Resources to be non-standard is subsequently found to be incorrect by the U.S. Department of Labor or a court of competent jurisdiction, the parties agree that the State may: (1) Put the member on the standard work schedule consistent with other bargaining unit employees who are covered by the FLSA; or (2) Readjust the employee’s duties to meetmeet FLSA exemption requirements.

Non-Standard Workweek Premium. A. Classifications determined by the Bureau of Human Resources to meet the following criteria shall be designated as non-standard: (1) Positions in a classification have been determined by the Bureau of Human Resources to be exempt for overtime compensation from the Fair Labor Standards Act;overtime (2) Employees are required by working conditions to work a variable workweek in excess of hours specified for non- exempt employees; and (3) Employees’ workweek are irregular and work hours cannot be scheduled or determined except by the employee. B. Employees in a classification which is designated as non-standard shall be compensated at a rate of sixteen percent (16%) above the basic rates in their salary grades, except that any position that is found by the Bureau of Human Resources not to be exempt from the Fair Labor Standards Act for overtime compensation purposes shall not be designated non- standard. C. In the event that the exempt status of any employee in any position designated by the Bureau of Human Resources to be non-standard is subsequently found to be incorrect by the U.S. Department of Labor or a court of competent jurisdiction, the parties agree that the State may: (1) Put the member on the standard work schedule consistent with other bargaining unit employees who are covered by the FLSA; or (2) Readjust the employee’s duties to meetmeet FLSA exemption requirements.

Non-Standard Workweek Premium. A. Classifications determined by the Bureau of Human Resources to meet the following criteria shall be designated as non-non- standard: (1) Positions in a classification have been determined by the Bureau of Human Resources to be exempt for overtime compensation from the Fair Labor Standards Act; (2) Employees are required by working conditions to work a variable workweek in excess of hours specified for non- non-exempt employees; and (3) Employees’ workweek are irregular and work hours cannot be scheduled or determined except by the employee. B. Employees in a classification which is designated as non-non- standard shall be compensated at a rate of sixteen percent (16%) above the basic rates in their salary grades, except that any position that is found by the Bureau of Human Resources not to be exempt from the Fair Labor Standards Act for overtime compensation purposes shall not be designated non- non-standard. C. In the event that the exempt status of any employee in any position designated by the Bureau of Human Resources to be non-non- standard is subsequently found to be incorrect by the U.S. Department of Labor or a court of competent jurisdiction, the parties agree that the State may: (1) Put the member on the standard work schedule consistent with other bargaining unit employees who are covered by the FLSA; or (2) Readjust the employee’s duties to meetmeet FLSA exemption requirements.

Non-Standard Workweek Premium. A. a. Classifications determined by the Bureau of Human Resources to meet the following criteria shall be designated as non-standard: (1) Positions in a classification have been determined by the Bureau of Human Resources to be exempt for overtime compensation from the Fair Labor Standards Act; (2) Employees are required by working conditions to work a variable workweek in excess of hours specified for non- exempt employees; and (3) Employees’ workweek are irregular and work hours cannot be scheduled or determined except by the employee. B. b. Employees in a classification which is designated as non-standard shall be compensated at a rate of sixteen percent (16%) above the basic rates in their salary grades, except that any position that is found by the Bureau of Human Resources not to be exempt from the Fair Labor Standards Act for overtime compensation purposes shall not be designated non- standard. C. c. In the event that the exempt status of any employee in any position designated by the Bureau of Human Resources to be non-standard is subsequently found to be incorrect by the U.S. Department of Labor or a court of competent jurisdiction, the parties agree that the State may: (1) Put the member on the standard work schedule consistent with other bargaining unit employees who are covered by the FLSA; orother (2) Readjust the employee’s duties to meetmeet FLSA exemption requirements.