Common use of Overtime and Spikes Clause in Contracts

Overtime and Spikes. CCC 1. The appointing power shall determine when an individual has been assigned to a disaster assignment utilizing the following criteria: a. A state of emergency is declared by the governor; limited to the area designated under the executive order; or b. Emergency fire fighter response assignments when dispatched by the California Department of Forestry and Fire Protection (CAL FIRE) or U.S. Forest Service. c. Emergency response assignments when dispatched by the Office of Emergency Services. d. Emergency response assignments, designated as a disaster assignment, by the Director of the CCC, or his/her designee. 2. Employees assigned to a disaster will be compensated in the following manner: a. All hours physically worked at straight time compensation per day until the employee has physically worked forty (40) hours in one (1) work week. Hours worked in excess of forty (40) shall be compensated in accordance with the provisions of section 7.6 of this contract. b. The Conservationist I/II when assigned to a disaster may be released from duty. Employees who are relieved of their duties at the disaster will only be compensated for actual hours physically worked. Employees will not be compensated for hours while relieved from duty. c. Employees who are relieved of their duties and are called back to the disaster operation shall be compensated for travel time and all hours physically worked. d. If the employee is not released from duty, then the employee shall be compensated at sixteen (16) hours per day at straight time until the employee has physically worked forty (40) hours in one (1) workweek. e. Eight (8) hours of uninterrupted sleep per day shall not be compensated. If the employee receives less than five (5) hours of uninterrupted sleep in a twenty-four (24) hour period the employee shall be compensated for the entire twenty-four (24) hours of actual work time. 3. It is understood that the appointing power may assign staff to emergency situations not meeting the remote/non-remote criteria described below.

Overtime and Spikes. CCC 1. The appointing power shall determine when an individual has been assigned to a disaster assignment utilizing the following criteria: a. A state of emergency is declared by the governor; limited to the area designated under the executive order; or b. Emergency fire fighter response assignments when dispatched by the California Department of Forestry and Fire Protection (CAL FIRE) or U.S. Forest Service. c. Emergency response assignments when dispatched by the Office of Emergency Services. d. Emergency response assignments, designated as a disaster assignment, by the Director of the CCC, or his/her designee. 2. Employees assigned to a disaster will be compensated in the following manner: a. All hours physically worked at straight time compensation per day until the employee has physically worked forty (40) hours in one (1) work week. Hours worked in excess of forty (40) shall be compensated in accordance with the provisions of section 7.6 of this contract. b. The Conservationist I/II when assigned to a disaster may be released from duty. Employees who are relieved of their duties at the disaster will only be compensated for actual hours physically worked. Employees will not be compensated for hours while relieved from duty. c. Employees who are relieved of their duties and are called back to the disaster operation shall be compensated for travel time and all hours physically worked. d. If the employee is not released from duty, then the employee shall be compensated at sixteen (16) hours per day at straight time until the employee has physically worked forty (40) hours in one (1) workweek. e. Eight (8) hours of uninterrupted sleep per day shall not be compensated. If the employee receives less than five (5) hours of uninterrupted sleep in a twenty-four (24) hour period the employee shall be compensated for the entire twenty-four (24) hours of actual work time. 3. It is understood that the appointing power may assign staff to emergency situations not meeting the remote/non-remote criteria described below.

Overtime and Spikes. CCCCCC‌ A. DISASTER ASSIGNMENT ONLY For classes and positions in the California Conservation Corps with a duty week which includes working at a disaster site, the following shall apply: 1. The appointing power shall determine when an individual has been assigned to a disaster assignment utilizing the following criteria: a. A state of emergency is declared by the governor; limited to the area designated under the executive order; or b. Emergency fire fighter response assignments when dispatched by the California Department of Forestry and Fire Protection (CAL FIRE) or U.S. Forest Service. c. Emergency response assignments when dispatched by the Office of Emergency Services. d. Emergency response assignments, designated as a disaster assignment, by the Director of the CCC, or his/her designee. 2. Employees assigned to a disaster will be compensated in the following manner: a. All hours physically worked at straight time compensation per day until the employee has physically worked forty (40) hours in one (1) work week. Hours worked in excess of forty (40) shall be compensated in accordance with the provisions of section 7.6 of this contract. b. The Conservationist I/II when assigned to a disaster may be released from duty. Employees who are relieved of their duties at the disaster will only be compensated for actual hours physically worked. Employees will not be compensated for hours while relieved from duty. c. Employees who are relieved of their duties and are called back to the disaster operation shall be compensated for travel time and all hours physically worked. d. If the employee is not released from duty, then the employee shall be compensated at sixteen (16) hours per day at straight time until the employee has physically worked forty (40) hours in one (1) workweek. e. Eight (8) hours of uninterrupted sleep per day shall not be compensated. If the employee receives less than five (5) hours of uninterrupted sleep in a twenty-four (24) hour period the employee shall be compensated for the entire twenty-four (24) hours of actual work time. 3. It is understood that the appointing power may assign staff to emergency situations not meeting the remote/non-remote criteria described below. B. NON-DISASTER/NON-SPIKE ASSIGNMENT For classes and positions in the California Conservation Corps with a minimum work day of eight (8) hours, excluding disaster and spike assignments, ordered duty hours in excess of forty (40) physically worked hours shall be compensated in accordance with the provisions of section 7.6 of this contract. C. TEMPORARY SPIKE ASSIGNMENT ONLY For classes and positions in the California Conservation Corps assigned to a temporary spike assignment the following shall apply: 1. Remote Spike Assignment - A spike which entails travel time of more than forty-five (45) minutes to/from lodging accommodations. Employees assigned to a remote spike assignment shall be compensated in the following manner: a. Sixteen (16) hours of straight time compensation per day until the employee has physically worked forty (40) hours in one (1) work week. All hours compensated after forty (40) hours shall be compensated in accordance with the provisions of section 7.6 of this contract. b. Eight (8) hours of uninterrupted sleep per day shall not be compensated. If the employee receives less than five (5) hours of uninterrupted sleep in a twenty-four (24) hour period the employee shall be compensated for twenty-four (24) hours of actual work time. The employer agrees that a Conservationist I/II who is assigned to a spike shall not be replaced or re-assigned without cause or emergency until his/her crew’s spike assignment is completed in order to avoid the payment of overtime under the Fair Labor Standards Act.