Common use of Work Hours and Overtime Clause in Contracts

Work Hours and Overtime. Overtime will be paid in accordance with the Fair Labor Standards Act with the exceptions and terms set forth in the following provisions: A. All employees assigned to administrative (40-hour work week) positions are entitled to receive premium overtime compensation at the rate of one and one-half times their “regular rate of pay”, as defined in the FLSA, for all hours worked (including hours when paid leave is used) in excess of 40 hours per week. All employees assigned to Fire Suppression positions are entitled to receive premium overtime compensation at the rate of one and one-half times their “regular rate of pay”, as defined in the FLSA, for all hours worked (including hours when paid leave is used) in excess of 212 hours in a 28-day work period established pursuant to section 7(k) of the FLSA. For the hours between 212 and 216 (for those assigned nine shifts) and between 212 and 240 (for those assigned ten shifts) in the 28-day work period, employees shall receive the half-time portion at the regular rate of pay (which shall be reported as compensation earnable that is subject to retirement (PERS) contributions) since their bi-weekly compensation is intended to compensate them for their regularly scheduled work hours. Hours regarded as worked will include exchange of time that was regularly scheduled but not worked; but it shall exclude hours actually worked in lieu of any exchange days. B. If an employee regularly assigned to Fire Suppression is given an overtime assignment in an administrative (40-hour work week) position, overtime shall be calculated at one and one-half times the regular rate of pay established for that administrative position. If an employee regularly assigned to an administrative (40-hour work week) position is given an overtime assignment in Fire Suppression, overtime shall be calculated at one and one-half times the regular rate of pay established for the Fire Suppression position. C. An employee called out other than during his/her regular working hours for emergency work shall be credited with four hours worked or actual hours worked, whichever is greater. The only exception shall be an employee regularly assigned to the Fire Prevention Bureau with an assigned 24-hour vehicle, who shall be credited with two hours worked or actual hours worked, whichever is greater. D. An employee called out other than during his/her regular work hours for non- emergency work shall be credited with three hours worked or actual hours worked, whichever is greater. E. An employee who has completed his/her regular shift and is retained at work is in a hold-over status and shall be credited with two hours worked or actual hours worked, whichever is greater. F. A Battalion Chief may authorize the accrual of compensatory time-off in lieu of paid overtime. However, any time worked as part of an exchange of time arrangement is not considered overtime nor compensatory time and shall be valued on a straight time basis. An employee regularly assigned to Fire Suppression (56-hour work week) cannot accrue more than 240 hours of compensatory time-off. An employee regularly assigned to an administrative (40-hour work week) position cannot accrue more than 120 hours of compensatory time-off. Once these thresholds are met, additional overtime hours will be compensated with a payroll payment at the appropriate overtime rate of pay. All unused accrued compensatory time- off will be cashed out at the regular rate of pay at the end of each fiscal year. The employee also has the option of cashing out, at the then current regular rate of pay, some or all of his/her accrued compensatory time during the fiscal year by adding the time to his/her time card. G. If an employee who is not regularly assigned to fire suppression duties works overtime in a fire suppression capacity, that employee has the option of receiving one-third of the entitled overtime compensation in cash or compensatory time off. The remaining two-thirds of the entitled overtime compensation shall be compensated in cash. H. Limit on hours worked

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

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Work Hours and Overtime. Overtime will be paid in accordance with the Fair Labor Standards Act with the exceptions and terms set forth in the following provisions: A. All employees assigned to administrative (40-hour work week) positions are entitled to receive premium overtime compensation at the rate of one and one-half times their “regular rate of pay”, as defined in the FLSA, for all hours worked (including hours when paid leave is used) in excess of 40 hours per week. All employees assigned to Fire Suppression positions are entitled to receive premium overtime compensation at the rate of one and one-half times their “regular rate of pay”, as defined in the FLSA, for all hours worked (including hours when paid leave is used) in excess of 212 182 hours in a 2824-day work period established pursuant to section 7(k) of the FLSA. For the hours between 212 182 and 216 192 (for those assigned nine eight shifts) and between 212 and 240 (for those assigned ten shifts)) in the 2824-day work period, employees shall receive the half-time portion at the regular rate of pay (which shall be reported as compensation earnable that is subject to retirement (PERS) contributions) since their bi-weekly compensation is intended to compensate them for their regularly scheduled work hours. Hours regarded as worked will include exchange of time that was regularly scheduled but not worked; but it shall exclude hours actually worked in lieu of any exchange days. B. If an employee regularly assigned to Fire Suppression is given an overtime assignment in an administrative (40-hour work week) position, overtime shall be calculated at one and one-half times the regular rate of pay established for that administrative position. If an employee regularly assigned to an administrative (40-hour work week) position is given an overtime assignment in Fire Suppression, overtime shall be calculated at one and one-half times the regular rate of pay established for the Fire Suppression position. C. An employee called out other than during his/her regular working hours for emergency work shall be credited with four hours worked or actual hours worked, whichever is greater. The only exception shall be an employee regularly assigned to the Fire Prevention Bureau with an assigned 24-hour vehicle, who shall be credited with two hours worked or actual hours worked, whichever is greater. D. An employee called out other than during his/her regular work hours for non- emergency work shall be credited with three hours worked or actual hours worked, whichever is greater. E. An employee who has completed his/her regular shift and is retained at work is in a hold-over status and shall be credited with two hours worked or actual hours worked, whichever is greater. F. A Battalion Chief may authorize the accrual of compensatory time-off in lieu of paid overtime. However, any time worked as part of an exchange of time arrangement is not considered overtime nor compensatory time and shall be valued on a straight time basis. An n employee regularly assigned to Fire Suppression (56-hour work week) cannot accrue more than 240 hours of compensatory time-off. An off at one time; n employee regularly assigned to an administrative (40-hour work week) position cannot accrue more than 120 hours of compensatory time-offoff at one time. Once these thresholds are met, additional overtime hours will be compensated with a payroll payment at the appropriate overtime rate of pay. All unused accrued compensatory time- off will be cashed out at the regular rate of pay at the end of each fiscal year. The employee also has the option of cashing out, at the then current regular rate of pay, some or all of his/her accrued compensatory time during the fiscal year by adding the time to his/her time cardtimecard. G. If an employee who is not regularly assigned to fire suppression duties works overtime in a fire suppression capacity, that employee has the option of receiving one-third of the entitled overtime compensation in cash or compensatory time off. The remaining two-thirds of the entitled overtime compensation shall be compensated in cash. H. Limit on hours worked

Appears in 1 contract

Samples: Memorandum of Understanding

Work Hours and Overtime. Overtime will 11.1 The normal work period for Duluth Clinic and laboratory positions shall be paid in accordance with the Fair Labor Standards Act with the exceptions and terms set forth in the following provisions: A. All employees assigned to administrative forty (40-hour work week) positions are entitled to receive premium overtime compensation at the rate hours during a period of one week, Monday through Sunday. This definition shall not be construed as a guarantee of any particular schedule, number of hours, or as a limitation on the Employer’s right to require overtime. Time and one-half times their “regular rate of pay”, as defined in the FLSA, will be paid for all any hours worked (including hours when paid leave is used) in excess of 40 hours forty (40) per week. All employees assigned to Fire Suppression positions are entitled to receive premium overtime compensation at the rate of one Holiday and one-half times their “regular rate of pay”, as defined PTO hours will be counted in the FLSAcomputation of overtime. The basic work period for hospital positions shall be eighty (80) hours to be worked during a period of two (2) weeks (fourteen (14) consecutive days), for all hours worked during the defined pay period. The regular work day will be eight (including hours when paid leave 8) hours. If an employee is used) required to work in excess of 212 eight (8) hours in a 28-one day work period established pursuant to section 7(kor in excess of eighty (80) of the FLSA. For the hours between 212 and 216 (for those assigned nine shifts) and between 212 and 240 (for those assigned ten shifts) in the 28-day work pay period, employees shall receive the half-time portion at the regular rate of pay (which she/he shall be reported as compensation earnable that is subject to retirement (PERS) contributions) since their bi-weekly compensation is intended to compensate them for their regularly scheduled work hours. Hours regarded as worked will include exchange of time that was regularly scheduled but not worked; but it shall exclude hours actually worked in lieu of any exchange days. B. If an employee regularly assigned to Fire Suppression is given an overtime assignment in an administrative (40-hour work week) position, overtime shall be calculated paid at one and one-half (1-1/2) times the her/his regular rate of pay established for all time worked in excess of eighty (80) hours in the pay period or eight (8) hours in one day. Payment for those hours is not to be duplicated. Paid holiday, personal holiday and vacation hours will be counted in the computation of overtime. It is understood that administrative positionovertime payments represent an economic burden to the organization. If an employee regularly assigned As such the Employer will ask employees to voluntarily work with the Employer in constructive processes to avoid this expense whenever practical. 11.2 Overtime payments shall not be duplicated for the same hours worked and to the extent that hours are compensated for at overtime rates under one provision they shall not be counted as hours worked in determining overtime under the same or any other provision. The same shall apply to premium pay so that premium pay shall not be permitted or duplicated for the same hours worked. 11.3 The general practice of scheduling work, with exceptions for bona fide emergencies, will be as follows: (a) The Employer shall not reduce or change hours from the posted schedule solely for the purpose of avoiding the payment of overtime unless by mutual agreement. (b) The Employer agrees to allow the switching of shifts if two employees within the same department wish to do so, providing that they obtain supervisory approval, with the earliest practicable notice, provided further that it does not result in the payment of overtime and both employees are qualified to perform the duties of the other. (c) Employees shall be allowed a fifteen (15) minute rest period for each four hour period of work. Employees working shifts of six (6) hours or more shall be entitled to two (2) fifteen (15) minute rest breaks during the shift. Employees working shifts of six (6) hours or more shall be entitled to an administrative (40-hour work week) position is given an overtime assignment in Fire Suppression, overtime shall be calculated at one and unpaid lunch break of one-half times (1/2) or one hour depending on the regular rate of pay established for the Fire Suppression position. C. department. An employee called out other than during working a six (6) hour shift may elect to forego the unpaid lunch break and be regularly scheduled for six (6) hours only if his/her regular working hours for emergency work shall be credited with four hours worked or actual hours worked, whichever is greatersupervisor agrees to such an arrangement. The only exception shall be an employee regularly assigned Management agrees to the Fire Prevention Bureau with an assigned 24-hour vehicle, who shall be credited with two hours worked or actual hours worked, whichever is greater. D. exercise its best efforts to ensure that employees get their breaks. An employee called out other than during may be permitted to combine the two (2) paid rest breaks, or to combine the paid rest breaks with the unpaid lunch break, with approval from his/her regular work hours for non- emergency work supervisor, provided there is a routine business need to do so. (d) Work schedules will be posted 14 days in advance of the date they go into effect. Once the schedule is posted, no changes shall be credited with three hours worked or actual hours worked, whichever is greatermade to the schedule unless by mutual agreement. E. An (e) There shall be no split shifts scheduled, unless by mutual agreement between the affected employee who has completed and the Employer. (f) Employees will be scheduled at their authorized FTE. Exceptions to this practice are noted in the clause covering Low Need. (Article 25). (g) For positions formerly in the Medical Support Services (SMUMS) unit, reasonable effort will be made to accommodate requests for specific schedules if they are submitted in writing at least two (2) weeks prior to the posting of such schedules. 11.4 If any employee reports for work on his/her regular shift and is retained at work sent home for lack of work, or if an employee is in asked to report, and is then sent home, the employee shall receive a hold-over status and shall be credited with two minimum of four (4) hours worked or actual hours worked, whichever is greaterof pay. F. A Battalion Chief 11.5 An employee who suffers an on-the-job injury requiring immediate treatment by a physician will be paid for the hours he/she was scheduled to work that day if unable to return to work due to the injury, as verified by the treating physician. 11.6 By agreement of the Union, employee, and Employer, flexible schedules for work in excess of eight (8) hours per day may authorize the accrual of compensatory time-off in lieu of paid overtime. However, any time worked as part of an exchange of time arrangement is not considered be used with overtime nor compensatory time and shall to be valued based on a straight time basisforty (40) hour week. An employee regularly assigned working a flexible schedule in which the majority of their hours are worked during the defined day shift will not be eligible for overlapping shift differential pay per Article 44. Either the employee or Employer may rescind such a flexible schedule upon thirty (30) days written notice to Fire Suppression (56the other party. 11.7 An employee's regular schedule shall reflect his/her authorized FTE. If an employee exceeds his/her authorized FTE for over a three-hour work week) canmonth period, the FTE may be adjusted. The Employer will consider, but not accrue more than 240 hours be limited to, the following factors: a. Whether the employee was filling in for a posted vacant position. b. Whether the employee was filling a temporary position as defined under Article 28, including any consecutive leaves of compensatory time-offabsence. An employee regularly assigned shall have the right to an administrative (40-hour work week) position cannot accrue more than 120 hours of compensatory time-off. Once these thresholds are met, additional overtime hours will be compensated with a payroll payment at challenge through the appropriate overtime rate of pay. All unused accrued compensatory time- off will be cashed out at the regular rate of pay at the end of each fiscal year. The employee also has the option of cashing out, at the then current regular rate of pay, some or all of grievance procedure any perceived discrepancy between his/her accrued compensatory time during the fiscal year by adding the time to regular schedules and his/her time cardFTE. G. If 11.8 All employees will be allowed twelve (12) hours off between shifts, unless the employee volunteers to work a shift with less than twelve (12) hours off or by mutual agreement. 11.9 Employees shall not be scheduled more than two (2) different shifts during the week unless an employee who is volunteers to work such shifts. 11.10 Mandatory department meetings, including those held during an employee’s lunch break, shall be considered paid time. 11.11 Employees shall not regularly assigned be permitted to fire suppression duties works overtime work more than sixteen (16) consecutive hours in a fire suppression capacity, that employee has the option of receiving one-third of the entitled overtime compensation in cash or compensatory time off. The remaining two-thirds of the entitled overtime compensation shall be compensated in cashtwenty four (24) hour period unless by mutual agreement. H. Limit on hours worked

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Work Hours and Overtime. Overtime will be paid in accordance with the Fair Labor Standards Act with the exceptions and terms set forth in the following provisions: A. All employees assigned to administrative (40-hour work week) positions are entitled to receive premium overtime compensation at the rate of one and one-half times their “regular rate of pay”, as defined in the FLSA, for all hours worked (including hours when paid leave is used) in excess of 40 hours per week. All employees assigned to Fire Suppression positions are entitled to receive premium overtime compensation at the rate of one and one-half times their “regular rate of pay”, as defined in the FLSA, for all hours worked (including hours when paid leave is used) in excess of 212 182 hours in a 2824-day work period established pursuant to section 7(k) of the FLSA. For the hours between 212 182 and 216 192 (for those assigned nine eight shifts) and between 212 and 240 (for those assigned ten shifts)) in the 2824-day work period, employees shall receive the half-time portion at the regular rate of pay (which shall be reported as compensation earnable that is subject to retirement (PERS) contributions) since their bi-weekly compensation is intended to compensate them for their regularly scheduled work hours. Hours regarded as worked will include exchange of time that was regularly scheduled but not worked; but it shall exclude hours actually worked in lieu of any exchange days. B. If an employee regularly assigned to Fire Suppression is given an overtime assignment in an administrative (40-hour work week) position, overtime shall be calculated at one and one-half times the regular rate of pay established for that administrative position. If an employee regularly assigned to an administrative (40-hour work week) position is given an overtime assignment in Fire Suppression, overtime shall be calculated at one and one-half times the regular rate of pay established for the Fire Suppression position. C. An employee called out other than during his/her regular working hours for emergency work shall be credited with four hours worked or actual hours worked, whichever is greater. The only exception shall be an employee regularly assigned to the Fire Prevention Bureau with an assigned 24-hour vehicle, who shall be credited with two hours worked or actual hours worked, whichever is greater. D. An employee called out other than during his/her regular work hours for non- emergency work shall be credited with three hours worked or actual hours worked, whichever is greater. E. An employee who has completed his/her regular shift and is retained at work is in a hold-over status and shall be credited with two hours worked or actual hours worked, whichever is greater. F. A Battalion Chief may authorize the accrual of compensatory time-off in lieu of paid overtime. However, any time worked as part of an exchange of time arrangement is not considered overtime nor compensatory time and shall be valued on a straight time basis. An employee regularly assigned to Fire Suppression (56-hour work week) cannot accrue more than 240 144 hours of compensatory time-offoff at one time. An employee regularly assigned to an administrative (40-hour work week) position cannot accrue more than 120 72 hours of compensatory time-offoff at one time. Once these thresholds are met, additional overtime hours will be compensated with a payroll payment at the appropriate overtime rate of pay. All unused accrued compensatory time- off will be cashed out at the regular rate of pay at the end of each fiscal year. The employee also has the option of cashing out, at the then current regular rate of pay, some or all of his/her accrued compensatory time during the fiscal year by adding the time to his/her time card. G. If an employee who is not regularly assigned to fire suppression duties works overtime in a fire suppression capacity, that employee has the option of receiving one-third of the entitled overtime compensation in cash or compensatory time off. The remaining two-thirds of the entitled overtime compensation shall be compensated in cash. H. Limit on hours worked

Appears in 1 contract

Samples: Memorandum of Understanding

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