Common use of Out of Class Pay Clause in Contracts

Out of Class Pay. The purpose of this provision is to provide for compensation of an employee who is properly assigned in writing to perform the significant duties of a higher classified position for relief necessitated by the temporary vacancy caused by the incumbent’s absence or pending the filling of a vacant position beginning on the second full pay period of such assignment and continuing for the duration of such assignment, but not to exceed six months (pursuant to CalPERS regulations). Out of class pay will be provided when the following conditions are met: 1. There is a vacant position specifically allocated to the department. 2. The assignment will require the duties of the position to be performed by the individual for a period of not less than two (2) pay periods. 3. The class to which the employee is assigned must have a top salary step of at least 5% above the top step of the employee’s current class.‌ 4. The assignment and the duration of the assignment is made by the Department Head in writing specifying the period of the temporary assignment and is approved by the City Administrator. 5. The employee must satisfactorily perform the essential functions of the job class to which that employee is assigned.‌ 6. The employee meets the minimum qualifications identified in the job description of the classification being assigned. Such temporary assignment shall not be considered a promotion. The individual shall receive either a five percent (5%) premium or Step 1 of the class assigned, whichever is greater. If the employee receives between five percent (5%) and seven-and one-half percent (7.5%) out of class pay, the employee will continue to be eligible to earn overtime as would have been earned in the employee’s regular class. If the employee receives out of class pay greater than seven-and one- half percent (7.5%), and is assigned to an FLSA exempt position, the employee will not be eligible for overtime pay, but will receive pro-rated management leave based on the duration of the assignment. The out of class pay shall cease when any of the following occur: 1. The absent incumbent returns to duty. 2. The vacant position is filled. 3. The assignment is terminated in writing by the appointing authority, whichever occurs first. Under no circumstance may any out of class assignment continue longer than six months in any one fiscal year.

Out of Class Pay. The purpose of this provision is to provide for compensation of an employee who is properly assigned in writing to perform the significant duties of a higher classified position for relief necessitated by the temporary vacancy caused by the incumbent’s absence or pending the filling of a vacant position beginning on the second full pay period of such assignment and continuing for the duration of such assignment, but not to exceed six months (pursuant to CalPERS Memorandum of Understanding: General Employees Unit July 1, 2022 – June 30, 2024 regulations). Out of class pay will be provided when the following conditions are met: 1. There is a vacant position specifically allocated to the department. 2. The assignment will require the duties of the position to be performed by the individual for a period of not less than two (2) pay periods. 3. The class to which the employee is assigned must have a top salary step of at least 5% above the top step of the employee’s current class.‌class. 4. The assignment and the duration of the assignment is made by the Department Head department head in writing specifying the period of the temporary assignment and is approved by the City Administrator. 5. The employee must satisfactorily perform the essential functions of the job class to which that employee is assigned.‌assigned. 6. The employee meets the minimum qualifications identified in the job description of the classification being assigned. Such temporary assignment shall not be considered a promotion. The individual shall receive either a five percent (5%) premium or Step 1 of the class assigned, whichever is greater. If the employee receives between five percent (5%) and seven-and one-half percent (7.5%) out of class pay, the employee will continue to be eligible to earn overtime as would have been earned in the employee’s regular class. If the employee receives out of class pay greater than seven-and one- one-half percent (7.5%), and is assigned to an FLSA exempt position, the employee will not be eligible for overtime pay, but will receive pro-rated management leave based on the duration of the assignment. The out of class pay shall cease when any of the following occur: 1. The absent incumbent returns to duty. 2. The vacant position is filled. 3. The assignment is terminated in writing by the appointing authority, whichever occurs first. Under no circumstance may any out of class assignment continue longer than six months in any one fiscal year.

Out of Class Pay. The purpose of this provision is to provide for compensation of an employee who is properly assigned in writing to perform the significant duties of a higher classified position for relief necessitated by the temporary vacancy caused by the incumbent’s absence or pending the filling of a vacant position beginning on the second full pay period of such assignment and continuing for the duration of such assignment, but not to exceed six months (pursuant to CalPERS regulations). Out of class pay will be provided when the following conditions are met: 1. There is a vacant position specifically allocated to the department. 2. The assignment will require the duties of the position to be performed by the individual for a period of not less than two (2) pay periods. 3. The class to which the employee is assigned must have a top salary step of at least 5% above the top step of the employee’s current class.‌class. 4. The assignment and the duration of the assignment is made by the Department Head in writing specifying the period of the temporary assignment and is approved by the City Administrator. 5. The employee must satisfactorily perform the essential functions of the job class to which that employee is assigned.‌assigned. 6. The employee meets the minimum qualifications identified in the job description of the classification being assigned. Such temporary assignment shall not be considered a promotion. The individual shall receive either a five percent (5%) premium or Step 1 of the class assigned, whichever is greater. If the employee receives between five percent (5%) and seven-and one-half percent (7.5%) out of class pay, the employee will continue to be eligible to earn overtime as would have been earned in the employee’s regular class. If the employee receives out of class pay greater than seven-and one- half percent (7.5%), and is assigned to an FLSA exempt position, the employee will not be eligible for overtime pay, but will receive pro-rated management leave based on the duration of the assignment. The out of class pay shall cease when any of the following occur: 1. The absent incumbent returns to duty. 2. The vacant position is filled. 3. The assignment is terminated in writing by the appointing authority, whichever occurs first. Under no circumstance may any out of class assignment continue longer than six months in any one fiscal year.

Out of Class Pay. The purpose of this provision is to provide for compensation of an employee who is properly assigned in writing to perform the significant duties of a higher classified position for relief necessitated by the temporary vacancy caused by the incumbent’s absence or pending the filling of a vacant position beginning on the second full pay period of such assignment and continuing for the duration of such assignment, but not to exceed six months (pursuant to CalPERS regulations). Out of class pay will be provided when the following conditions are met: 1. There is a vacant position specifically allocated to the department. 2. The assignment will require the duties of the position to be performed by the individual for a period of not less than two (2) pay periods. 3. The class to which the employee is assigned must have a top salary step of at least 5% above the top step of the employee’s current class.‌ 4. The assignment and the duration of the assignment is made by the Department Head in writing specifying the period of the temporary assignment and is approved by the City Administrator. 5. The employee must satisfactorily perform the essential functions of the job class to which that employee is assigned.‌ 6. The employee meets the minimum qualifications identified in the job description of the classification being assigned. Such temporary assignment shall not be considered a promotion. The individual shall receive either a five percent (5%) premium or Step 1 of the class assigned, whichever is greater. If the employee receives between five percent (5%) and seven-and one-half percent (7.5%) out of class pay, the employee will continue to be eligible to earn overtime as would have been earned in the employee’s regular class. If the employee receives out of class pay greater than seven-and one- half percent (7.5%), and is assigned to an FLSA exempt position, the employee will not be eligible for overtime pay, but will receive pro-rated management leave based on the duration of the assignment. The out of class pay shall cease when any of the following occur: 1. The absent incumbent returns to duty. 2. The vacant position is filled. 3. The assignment is terminated in writing by the appointing authority, whichever occurs first. Memorandum of Understanding: Management Employees Unit July 1, 2024 – June 30, 2026 Under no circumstance may any out of class assignment continue longer than six months in any one fiscal year.

Out of Class Pay. The purpose of this provision is An employee assigned temporarily to provide for compensation of an employee who is properly assigned in writing to perform the significant duties of a higher classified position for relief necessitated by the temporary vacancy caused by the incumbent’s absence or pending the filling of paying classification shall be paid at a vacant position beginning on the second full pay period of such assignment and continuing for the duration of such assignment, but not to exceed six months rate five percent (pursuant to CalPERS regulations). Out of class pay will be provided when the following conditions are met: 1. There is a vacant position specifically allocated to the department. 2. The assignment will require the duties of the position to be performed by the individual for a period of not less than two (25%) pay periods. 3. The class to which the employee is assigned must have a top salary step of at least 5% above the top step of over the employee’s current class.‌ 4regular salary or at the minimum salary of the higher classification whichever is greater, upon assignment to forty (40) consecutive hours or more of work in the classification, said increase being retroactive to the beginning of said temporary assignment. Weekends or other regularly scheduled days off will not disrupt the continuity of hours. The assignment and out-of-class salary adjustment will be seven percent (7%) over an employee’s regular salary, or the duration minimum of the assignment higher classification, whichever is made by greater, when a non-exempt employee works out-of-class in an exempt classification for over forty (40) consecutive hours. In this situation the Department Head non-exempt employee does not receive overtime pay for extra hours worked; instead, he or she receives four (4) hours of Administrative Leave for each thirty (30) calendar days worked in the exempt out-of-class assignment. Except as otherwise provided for in this section, this working out of class provision may apply to temporary assignments in writing specifying of up to six (6) months, whether or not a budgeted position or vacancy exists in the higher classification. Holidays occurring within the period of the temporary assignment shall be considered time worked for the purpose of determining working-out-of-class duration and is approved by the City Administrator. 5. The employee must satisfactorily perform the essential functions consecutive hours of the job class to which that employee is assigned.‌ 6. The employee meets the minimum qualifications identified work in the job description higher classification. Sick leave and vacation used during a working out-of-class assignment of the classification being assigned. Such temporary assignment shall not less than thirty (30) calendar days will be considered a promotion. The individual shall receive either a five percent (5%) premium or Step 1 of the class assigned, whichever is greater. If the employee receives between five percent (5%) and seven-and one-half percent (7.5%) out of class pay, the employee will continue to be eligible to earn overtime as would have been earned in paid at the employee’s regular classsalary in their primary position. If Sick leave and vacation time used during assignments lasting thirty (30) or more calendar days will be paid at the working-out-of-class rate. This section shall not apply to temporary assignments which are made pursuant to prior mutual agreement between the employee receives out and his or her immediate supervisor for the purpose of class pay greater than seven-and one- half percent (7.5%)providing a training opportunity to the employee, and is assigned to an FLSA exempt position, the employee will not be eligible for overtime pay, but will receive pro-rated management leave based on the duration a mutually agreed upon period of the assignment. The out of class pay shall cease when any of the following occur: 1. The absent incumbent returns to dutytime. 2. The vacant position is filled. 3. The assignment is terminated in writing by the appointing authority, whichever occurs first. Under no circumstance may any out of class assignment continue longer than six months in any one fiscal year.