Common use of Work Hours and Overtime Clause in Contracts

Work Hours and Overtime. A. Developing the work/shift schedule for employees in the bargaining unit is the responsibility of Management. B. Employees who wish to make recommendations regarding alternative work/shift schedules will be allowed to do so. Such recommendations must indicate a complete work/shift schedule to be given serious consideration. C. Overtime will be assigned by Management based upon the needs of the County. Employees are required to work any overtime assignment they are given. Failure to do so is considered insubordination and may result in disciplinary action up to and including suspension or termination. D. As of January 1, 2008, political subdivisions of the State of New Mexico will no longer be exempt from the provisions of the state minimum wage law, therefore, overtime will be paid at the rate of one and a half times (1 and ½) the employee’s regular hourly rate of pay for each hour worked over forty hours within a seven day period. E. Management will give employees reasonable notice of changes in work schedules/shifts, unless exigent circumstances prevent such notice. F. Employees are normally scheduled to work forty (40) hours per week in four (4) ten-hour days, but nothing in this Agreement shall constitute a guaranteed minimum or maximum number of hours of work in any day or week. Departmental units that are currently on a four-10 day shift are expected to remain on a four 10- hour day shift. The Sheriff may implement the four-10 hour day shift at other units at his direction. The Sheriff will provide 30-days’ notice to the departmental unit prior to changing a unit to or from a four-10 hour day shift. Employees assigned to the four-10 hour day shift shall have consecutive days off. However, at the request of the employee, subject to the discretion and approval of the Sheriff, the employee may be granted split days off. A one (1) hour meal break and two (2) fifteen minute breaks may be taken if workload or assignment permits. At all times employees will be subject to call. G. If an employee is called back to duty or subpoenaed to give testimony in court about events arising out of County employment, while the employee is on a vacation or holiday, the employee shall be paid for the vacation or holiday hours and shall also be paid for the hours actually worked or which the employee spends in court until the employee is released. In any case, the employee shall be deemed to have worked a minimum of two (2) hours. If an employee on sick leave or bereavement leave is called back to work or subpoenaed under similar circumstances, the employee shall be deemed to be at work a minimum of two (2) hours and the time spent shall not be charged to the employee’s accumulated sick leave. H. If an employee is called back to duty or subpoenaed to give testimony in court, whether in criminal or civil action, about events arising out of County employment, when the employee would otherwise be off duty, the employee shall be deemed to have worked a minimum of (2) two hours; even if call back is canceled. The call- back time provided for in this and the preceding Section shall be inapplicable where the additional working time is immediately prior to or following any other time worked by that employee. I. The provisions of Sections G. and H. of this Article regarding payment for time which an employee spends in court shall be inapplicable where the employee is a party to the proceeding, except proceedings arising out of County employment or where the employee is to be compensated for such time by any other person, as where the employee is being subpoenaed to testify as an expert witness. J. Where scheduling and manpower contingencies permit, the County will arrange an employee’s work schedule so as to permit the employee to attend relevant training, or accredited college or university.

Work Hours and Overtime. A. 1. Developing the work/shift schedule for employees in the bargaining unit is the responsibility of Management. B. 2. Employees who wish to make recommendations regarding alternative work/shift schedules will be allowed to do so. Such recommendations must indicate a complete work/shift schedule to be given serious consideration. C. 3. Overtime will be assigned by Management based upon the needs of the County. Employees are required to work any overtime assignment they are given. Failure to do so is considered insubordination and may result in disciplinary action up to and including suspension or termination. D. 4. As of January 1, 2008, political subdivisions of the State of New Mexico will no longer be exempt from the provisions of the state minimum wage law, therefore, overtime will be paid at the rate of one and a half times (1 and ½) the employee’s regular hourly rate of pay for each hour worked over forty hours within a seven day period. It is acknowledged by both parties that the state minimum wage law may be amended to exclude political subdivisions of the state. If state law is amended to allow the County to use the 207K provisions and compensatory time provisions of the Fair Labor Standards Act, the County may reinstitute the 86 hour work rule and use of compensatory time for overtime work beginning the first day of the second full pay period following the effective date of such amendment. Management will give the union 10 calendar day written notice of the change. E. 5. Management will give employees reasonable notice of changes in work schedules/shifts, unless exigent circumstances prevent such notice. F. 6. Employees are normally scheduled to work forty (40) hours per week in four (4) ten-hour days, but nothing in this Agreement shall constitute a guaranteed minimum or maximum number of hours of work in any day or week. Departmental units that are currently on a four-10 day shift are expected to remain on a four 10- 10-hour day shift. The Sheriff may implement the four-10 hour day shift at other departmental units at his direction. The Sheriff will provide 30-days’ days notice to the departmental unit prior to changing a departmental unit to or from a four-10 hour day shift. Employees assigned to the four-10 hour day shift shall have consecutive days off. However, at the request of the employee, subject to the discretion and approval of the SheriffDepartment, the employee may be granted split days off. A one (1) hour meal break and two (2) fifteen minute breaks may be taken if workload or assignment permits. At all times employees will be subject to call. G. 7. If an employee is called back to duty or subpoenaed to give testimony in court about events arising out of County employment, while the employee is on a vacation or on a holiday, the employee shall be paid for the vacation or holiday hours and shall also be paid for the hours actually worked or which the employee spends in court until the employee is released. In any case, the employee shall be deemed to have worked a minimum of two (2) hours. If an employee on sick leave or bereavement leave is called back to work or subpoenaed under similar circumstances, the employee shall be deemed to be at work a minimum of two (2) hours and the time spent shall not be charged to the employee’s accumulated sick leave. H. 8. If an employee is called back to duty or subpoenaed to give testimony in court, whether in criminal or civil actionactions, about events arising out of County employment, when the employee would otherwise be off duty, the employee shall be deemed to have worked a minimum of (2) two hours; even if call back is canceled. The call- call-back time provided for in this and the preceding Section shall be inapplicable where the additional working time is immediately prior to or following any other time worked by that employee. I. 9. The provisions of Sections G. 7 and H. 8 of this Article regarding payment for time which an employee spends in court shall be inapplicable where the employee is a party to the proceeding, except proceedings arising out of County employment employment, or where the employee is to be compensated for such time by any other person, as where the employee is being subpoenaed to testify as an expert witness. J. 10. Where scheduling and manpower contingencies permit, the County will arrange an employee’s work schedule so as to permit the employee to attend relevant training, or accredited college or university, in accordance with Article 6.