STAND-BY COMPENSATION. A. Any appointing authority may require an employee to be on stand-by. "Stand-by time" means a period of time outside a non-exempt employee's regularly scheduled work hours, during which the non-exempt employee is required, at agency direction, to remain available to the agency within a specified response time. Each non-exempt employee on stand-by shall be available at agency direction for recall to perform necessary work. Stand-by assignments shall be limited to work situations where a probability of emergency recall of an employee or employees exists. When the employer is able to contact employees by means of a paging device or cell phone, such employees are eligible for stand-by compensation if the employee is required to remain available to the agency within a specified response time. B. Except as provided in subsection F., each non-exempt employee shall be compensated at the rate of two dollars ($2.00) per hour for each hour the employee serves on stand-by status. C. Each non-exempt employee on stand-by who is called in to work shall be compensated for the actual hours worked at the appropriate rate of pay, but shall not be paid stand-by compensation for the hours actually worked. Only the hours actually worked by the employee shall be credited in determining eligibility for overtime compensation. D. Time during which a non-exempt employee is restricted to a particular telephone number at a location designated by the employer, or to the employer's premises, in order to remain personally available to the employer shall be considered hours worked and the employee shall be compensated at the employee's regular rate of pay instead of receiving stand-by compensation. E. Any non-exempt employee on stand-by or who is subject to the provisions of subsection D, who is not available when called, and who does not present reasonable justification for failure to report when called, shall lose compensation for that stand-by period and may be subject to disciplinary action. F. Stand-by and On-Call pay for law enforcement employees as defined in 29 CFR 553 shall be addressed in supplemental meet and confer in accordance with Article 10.
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