Common use of Remedy for Improper Distribution of Overtime Clause in Contracts

Remedy for Improper Distribution of Overtime. In the event that employee(s) with priority for an overtime assignment is passed over, the remedy for such loss shall be as follows: (a) The employee(s) entitled to the remedy shall be the employee(s) at the top of the list who would have received the overtime assignment (i.e. if there is one overtime opportunity, the top employee on the list is entitled to the remedy; if two overtime opportunities are involved, the remedy goes to the top two employees, etc.). (b) The employer shall assign the passed over employee(s) an appropriate number of hours at the next available overtime opportunity provided, if such overtime assignment does not become available within sixty (60) days from the date of the violation, the employer shall pay the employee(s) for the lost overtime assignment at the employee's overtime rate. (c) After the passed over employee has received either of the remedies described in paragraph (2), they shall be placed in the position on the overtime list that restores them to their original priority, had they not been passed over. Further, the position of the employee assigned overtime out of priority shall also be adjusted to correspond to their original priority had they not been assigned overtime out of proper priority (i.e. below the employees who were originally listed above them).

Remedy for Improper Distribution of Overtime. ‌ In the event that employee(s) with priority for an overtime assignment is passed over, the remedy for such loss shall be as follows: (a) The employee(s) entitled to the remedy shall be the employee(s) at the top of the list who would have received the overtime assignment (i.e. if there is one overtime opportunity, the top employee on the list is entitled to the remedy; if two overtime opportunities are involved, the remedy goes to the top two employees, etc.). (b) The employer shall assign the passed over employee(s) an appropriate number of hours at the next available overtime opportunity provided, if such overtime assignment does not become available within sixty (60) days from the date of the violation, the employer shall pay the employee(s) for the lost overtime assignment at the employee's overtime rate. (c) After the passed over employee has received either of the remedies described in paragraph (2), they shall be placed in the position on the overtime list that restores them to their original priority, had they not been passed over. Further, the position of the employee assigned overtime out of priority shall also be adjusted to correspond to their original priority had they not been assigned overtime out of proper priority (i.e. below the employees who were originally listed above them).

Remedy for Improper Distribution of Overtime. In the event that employee(s) with priority for an overtime assignment is passed over, the remedy for such loss shall be as follows: (a) The employee(s) entitled to the remedy shall be the employee(s) at the top of the list who would have received the overtime assignment (i.e. if there is one overtime opportunity, the top employee em- ployee on the list is entitled to the remedy; if two overtime opportunities are involved, the remedy goes to the top two employees, etc.). (b) The employer shall assign the passed over employee(s) an appropriate number of hours at the next available overtime opportunity providedpro- vided, if such overtime assignment does not become available within sixty (60) days from the date of the violation, the employer shall pay the employee(s) for the lost overtime assignment assign- ment at the employee's overtime rate. (c) After the passed over employee has received either of the remedies described in paragraph (2), they shall be placed in the position on the overtime list that restores them to their original priority, had they not been passed over. FurtherFur- ther, the position of the employee assigned overtime out of priority shall also be adjusted to correspond to their original priority had they not been assigned overtime out of proper priority (i.e. below the employees who were originally listed above them).