Late Docks Sample Clauses
The Late Docks clause establishes the consequences and procedures when a vessel arrives at the loading or unloading dock later than the agreed time. Typically, this clause outlines the responsibilities of the parties, such as whether the charterer or shipowner bears the costs of delays, and may specify penalties or demurrage charges for late arrivals. Its core practical function is to allocate risk and financial responsibility for delays, ensuring both parties are incentivized to adhere to the schedule and providing a clear mechanism for resolving disputes related to late docking.
Late Docks. Notwithstanding Section 3.5 (Overpayments/Payroll Errors) and Section 3.6 (Timely Payment of Wages), departments may elect to proceed as follows as it pertains to “late docks”.
a. Whenever an employee is charged with a “late dock” as defined by the State Controller’s Office (SCO) for the purpose of issuing salary through the negative payroll system, departments may issue the employee’s paycheck for that period as if no late dock occurred. This means that:
1. The employee will receive a regular pay warrant on pay day (unless it would have been withheld for purposes other than the late dock);
2. The employee will be overpaid, since the dock time will not have been deducted from the employee’s pay check; and,
3. The employee’s pay will be adjusted for any dock time occurring before the SCO cutoff date, since late docks occur on or after the cutoff date established by SCO.
b. Employees who are overpaid because of paragraph a. above, will repay the State for their overpayment by an automatic payroll deduction of the total amount from their next month’s pay check/warrant (or successive warrants where needed to satisfy the debt). Departments shall notify employees about the overpayment and the automatic payroll deduction in writing. The absence of said notification before the overpayment is made will not preclude the department from automatically deducting overpayments as otherwise permitted by this section.
c. Departments that elect to proceed under this section may do so on an employee- by-employee basis thereby reserving the right to issue salary advances in lieu of a regular paycheck in order to avoid an overpayment due to a late dock under such circumstances as when an employee has previous “late dock” situations or if there is reason to expect the employee to leave state service prior to the end of the next pay period.
d. If an employee separates or retires from State service before satisfying late dock overpayments as a result of this section, the State shall deduct the total amount due from any other pay owing the employee at the time of his/her separation or retirement.
Late Docks. A. Notwithstanding Section 5.5 (Overpayments and Payroll Errors) and Section