Common use of WORKING HOURS AND OVERTIME Clause in Contracts

WORKING HOURS AND OVERTIME. a. During the term of this agreement, the normal Fire Duty Cycle for Firefighter/Engineer and Captain shall consist of two twenty four (24) hour shifts followed by ninety-six (96) hours off duty. Shifts shall not exceed forty-eight (48) hours duration, commencing at 7 o’clock a.m. Regular overtime is time worked by a Firefighter/Engineer or Captain, beyond forty-eight (48) hours in the standard fire duty cycle. For purposes of computing regular overtime, vacation, sick and compensatory time shall be considered time worked. b. Overtime for Fair Labor Standards Act (FLSA) purposes is time worked by a Firefighter/Engineer or Captain beyond one hundred eighty-two (182) hours in a twenty-four (24) day work period (as that term is used by the wage and hour division of the Department of Labor) and is the time frame in which hours worked will be counted for the purpose of computing overtime under FLSA regulations. c. All overtime work authorized by the Chief or his/her designee shall be paid at time and one-half. Employees shall have the option to accumulate Compensatory Time Off (CTO) in lieu of pay for overtime worked. CTO may be accumulated at a rate of 1.5 to 1.0 up to a total of 240 hours maximum, and may be taken at a time mutually convenient to the employee and employer and subject to the vacation schedule. Total accumulated hours by employee will be calculated on July 1 of each year. Employees who have accumulated more than 240 hours as of July 1 will be notified by the employer of that fact, and allowed to schedule time off to bring the hours accumulation to below 240 hours. CTO in excess of one (1) hour shall be calculated in 1/2 hour increments. No employee shall be allowed to carry more than 240 comp time hours on the books. d. All overtime worked, up to a maximum of eight (8) hours, shall be computed at a minimum of one-hour overtime computed on a 40 hour work week rate. For time worked between 8 and 12 hours, the employee shall be paid eight (8) hours at the 40 hour work week rate. Any overtime in excess of 12 hours is paid based on a 56 hour work week rate. e. Employees may exchange shifts in accordance with the shift trade policy appended hereto as Exhibit "B”. f. The Chief may assign, at his or her discretion, for a period not exceeding thirty

WORKING HOURS AND OVERTIME. a. During A. It is understood and agreed that the term regular workweek of this agreementall employees, the normal Fire Duty Cycle for Firefighter/Engineer and Captain shall consist of two twenty four forty (2440) hour shifts followed by ninety-six (96) hours off duty. Shifts shall not exceed forty-week to be worked in five, eight (488) hour days, exclusive of meal periods. This provision is not to be construed, however, as either a guaranteed minimum or maximum workday or workweek. Shift assignments and the number of employees to be assigned at a given location will be done in accordance with the Agreement and the practice of determining the shift assignments within the building. B. Time and one-half (1.5) the employee’s regular straight time hourly rate shall be paid for all hours duration, commencing at 7 o’clock a.m. Regular overtime is time worked by a Firefighter/Engineer or Captain, beyond forty-eight work in excess of forty (4840) hours in the standard fire duty cycle. For purposes of computing regular overtimeone week, vacationand for Saturday, sick and compensatory time but there shall be no pyramiding. C. The parties understand that PTO shall be considered as time worked. Holidays, leaves for Union business, and vacations shall also be considered as time worked. All other leave or time off, whether paid or not, shall not be considered as time worked. b. Overtime for Fair Labor Standards Act D. On holidays, overtime shall be in addition to the holiday pay as set forth in Article 22. Employees assigned to check buildings on weekends or holidays shall receive time and one-half (FLSA1.5) purposes is their straight time worked by a Firefighter/Engineer or Captain beyond one hundred eighty-two hourly rate in addition to the holiday pay. E. Employees called in after the end of their regular shift shall be guaranteed three (1823) hours in a twenty-four (24) day work period (as that term is used by the wage and hour division of the Department of Labor) and is the time frame in which hours worked will be counted for the purpose of computing overtime under FLSA regulations. c. All overtime work authorized by the Chief or his/her designee shall be paid pay at time and one-halfhalf their normal hourly rate for the work performed. Employees called in for unscheduled work on a Sunday or holiday shall be paid a minimum of three (3) hours pay at double their normal hourly rate for the work performed. F. Except in an emergency situation, when outside overtime is required, it shall be rotated among the employees in each classification in each building or department, provided, however, the employee is able to perform the overtime work. Rotation shall be on the basis of charged overtime. The employer shall not be obligated to offer overtime to employees who are off duty during the week of the scheduled overtime. New employees upon completing probation, or employees assigned to different buildings or department, shall be placed at the bottom of the overtime list and charged with the same amount of overtime hours of the employees with the highest overtime hours. As an exception to the forgoing, overtime in the Maintenance Department will be rotated among the employees assigned to its various work groups. They are as follows: Carpentry, Electrical, Grounds, Plumbing/Heating and Custodial (see Revised Custodial Pilot Program Letter of Agreement). Additional employees necessary to work overtime in a work group will be selected from among employees assigned to the other work groups based on the lowest overtime hours, the qualifications required to perform the work and seniority. Additional employees necessary to work overtime in a work group will be selected from among employees assigned to the other work groups based on the lowest overtime hours, the qualifications required to perform the work and seniority. A representative from Management and a representative from the Union (president or vice president) will work together to distribute extra day time hours on a rotation basis, originally by seniority and thereafter rotated by equalizing hours worked or charged. An employee reporting for snow or ice removal shall be paid at the double time rate for all hours worked until their regular shift starts and double time after their regular shift if this same work continues or resumes G. When overtime is used to replace an absent employee, except when the employee’s absenteeism is due to vacation, or any leave of absence, the absent employee will be charged the highest number of overtime hours worked for this reason. H. No overtime can be refused without sufficient reason if the employee receives at least two (2) days notice thereof. If an employee fails to work the overtime, he/she shall be removed from the rotation list until the Union and the Employer agree upon his/her return. I. If all the employees on the list refuse to work the overtime, the Employer may require the overtime to be worked by the employee(s) with the lease seniority in the classification possessing the qualifications and/or ability required. J. Records of overtime worked shall be posted on the bulletin board and kept current. K. Each employee shall be scheduled for an unpaid lunch period of a maximum of thirty (30) minutes daily. L. Employees who do not report for a scheduled overtime assignment will be charged with the scheduled number of overtime hours as though they had worked, but will not be paid. The charging of all other overtime hours shall be on the basis of the payment for overtime hours worked. M. The employer shall have the option right to accumulate Compensatory Time Off (CTO) in lieu hire needed, non-bargaining unit, seasonal labor for the limited purpose of pay assisting with grounds work for overtime worked. CTO may be accumulated at a rate the time period of 1.5 to 1.0 up to a total of 240 hours maximum, and may be taken at a time mutually convenient to the employee and employer and subject to the vacation schedule. Total accumulated hours by employee will be calculated on July 1 of March through October each year. Employees who have accumulated more than 240 hours as of July 1 will be notified by the employer of that fact, and allowed to schedule time off to bring the hours accumulation to below 240 hours. CTO in excess of one (1) hour shall be calculated in 1/2 hour increments. No employee shall be allowed to carry more than 240 comp time hours on the books. d. All overtime worked, up to a maximum of eight (8) hours, shall be computed at a minimum of one-hour overtime computed on a 40 hour work week rate. For time worked between 8 and 12 hours, the employee shall be paid eight (8) hours at the 40 hour work week rate. Any overtime in excess of 12 hours is paid based on a 56 hour work week rate. e. Employees may exchange shifts in accordance with the shift trade policy appended hereto as Exhibit "B”. f. The Chief may assign, at his or her discretion, for a period not exceeding thirty

WORKING HOURS AND OVERTIME. a. During the term Section 1 Time and one-half (1-1/2) an employee's regular straight time hourly rate shall be paid for all hours worked in excess of this agreement, the normal Fire Duty Cycle for Firefighter/Engineer and Captain shall consist of two twenty four (24) hour shifts followed by ninety-six (96) hours off duty. Shifts shall not exceed forty-eight (48) hours duration, commencing at 7 o’clock a.m. Regular overtime is time worked by a Firefighter/Engineer or Captain, beyond forty-eight (48) 8) hours in one (1) day or forty (40) in one week, but not both. A. At the standard fire duty cycleemployee's option, overtime worked can be either paid or banked as compensatory time at the custodian’s option, at the appropriate rate. For purposes Compensatory time must be used by April 30 of computing regular overtimethe current year and no additional compensatory time can be earned during the months of May and June. B. Sick, vacation, sick holidays and compensatory time personal days shall be considered as time workedworked for any pay purposes. b. Overtime Section 2 Double time an employee's regular straight time hourly rate shall be paid for Fair Labor Standards Act (FLSA) purposes is time worked by a Firefighter/Engineer or Captain beyond one hundred eighty-two (182) hours in a twenty-four (24) day work period (as that term is used by the wage and hour division of the Department of Labor) and is the time frame in which all hours worked will be counted on Sunday; with the exception of Sunday work for the purpose of computing overtime under FLSA regulations. c. All overtime fitness center. Sunday work authorized by at the Chief or his/her designee fitness center shall be paid at time and one-half. Employees shall have half the option to accumulate Compensatory Time Off (CTO) in lieu of pay for overtime worked. CTO may be accumulated at a regular straight time hourly rate of 1.5 pay. Section 3 An employee who is called back to 1.0 up to work after having completed his/her scheduled work day shall receive a total minimum of 240 two (2) hours maximum, and may be taken work or pay at a time mutually convenient to the employee and employer and subject to the vacation schedule. Total accumulated hours by employee will be calculated on July 1 of each year. Employees who have accumulated more than 240 hours as of July 1 will be notified by the employer of that fact, and allowed to schedule time off to bring the hours accumulation to below 240 hours. CTO in excess of one (1) hour shall be calculated in 1/2 hour increments. No employee shall be allowed to carry more than 240 comp and one- half (1-1/2) times his regular straight time hours on the books. d. All overtime worked, up to a maximum of eight (8) hours, shall be computed at a minimum of one-hour overtime computed on a 40 hour work week rate. For time This section shall not apply to hours worked between 8 before or after the start of the employee's shift where such hours are continuous and 12 hours, the employee shall not apply to building checks which shall be paid eight (8) hours for at the 40 hour work week rate. Any applicable overtime rate provided for in excess Section One (1) or Section Two (2) of 12 hours is paid this Article. Section 4 Insofar as possible, overtime will be scheduled on a rotation system within a building based on a 56 hour work employee’s ability to meet the requirements of the overtime assignment. Staff will be assigned such overtime based on the administratively determined need. Overtime records shall be maintained and updated monthly by the Head Custodian/Maintenance Supervisor, posted in each building, and shared with the Operations Facilitator. A district wide overtime list shall be maintained by the Union President and the Operations Facilitator and updated when district wide overtime is assigned. Examples of district wide overtime assignments may include, but are not limited to, bond or sinking fund projects, ▇▇▇▇▇▇ Field events or district activities that are not assigned to building custodial/maintenance staff. Refusal of an overtime assignment will count as hours worked for the purposes of the overtime schedule. Overtime or higher classification pay worked Friday during the first week rateof any pay period and submitted to payroll no later than 3:15 p.m. Monday shall be paid in the pay period in which earned. e. Employees may exchange shifts in accordance with Section 5 When a custodian agrees to fill a Head Custodian absence and informs the district that he/she will also work his/her regular position (a double), the custodian must also work the shift trade policy appended hereto of his/her regular position. If the custodian fails to work both shifts, he/she relinquishes future rights to substitute as Exhibit "B”a Head Custodian for the next six (6) months. f. Section 6 If there is a temporary absence due to vacation or illness and a substitute custodian is not available, a head custodian may be requested to work overtime anywhere in the District to perform custodial duties to maintain the appropriate level of cleanliness in the building. The Chief may assign, at his or her discretion, for amount of overtime will be determined by administration. Section 7 Overtime on weekends shall be governed by the following: “Sick on Friday— lose the overtime;” “Vacation on Friday—keep the overtime.” In order to be considered a period not exceeding thirty“vacation day” the day must be scheduled and approved by Thursday of the week in question.

WORKING HOURS AND OVERTIME. a. During the term of this agreement, the normal Fire Duty Cycle for Firefighter/Engineer and Captain shall consist of two twenty twenty-four (24) hour shifts followed by ninety-six (96) hours off duty. Shifts shall not exceed forty-forty- eight (48) hours duration, commencing at 7 o’clock a.m. Regular overtime is time worked by a Firefighter/Engineer or Captain, beyond forty-eight (48) hours in the standard fire duty cycle. For purposes of computing regular overtime, vacation, sick and compensatory time shall be considered time worked. b. Overtime for Fair Labor Standards Act (FLSA) purposes is time worked by a Firefighter/Engineer or Captain beyond one hundred eighty-two (182) hours in a twenty-four (24) day work period (as that term is used by the wage and hour division of the Department of Labor) and is the time frame in which hours worked will be counted for the purpose of computing overtime under FLSA regulations. c. All overtime work authorized by the Chief or his/her designee shall be paid at time and one-half. Employees shall have the option to accumulate Compensatory Time Off (CTO) in lieu of pay for overtime worked. CTO may be accumulated at a rate of 1.5 to 1.0 up to a total of 240 hours maximum, and may be taken at a time mutually convenient to the employee and employer and subject to the vacation schedule. Total accumulated hours by employee will be calculated on July 1 of each year. Employees who have accumulated more than 240 hours as of July 1 will be notified by the employer of that fact, and allowed to schedule time off to bring the hours accumulation to below 240 hours. CTO in excess of one (1) hour shall be calculated in 1/2 hour increments. No employee shall be allowed to carry more than 240 comp time hours on the books. d. All overtime worked, up to a maximum of eight (8) hours, shall be computed at a minimum of one-hour overtime computed on a 40 hour work week overtime rate. For time worked between 8 and 12 hours, the employee shall be paid eight (8) hours at the 40 hour work week overtime rate and the remainder at the 56 hour work week overtime rate. Any overtime If an employee works in excess of 12 hours is hours, all time worked will be paid based on a 56 hour work week rate. Any class attended included in the Employee Development Program 4.3.1.11, shall accumulate Compensatory Time Off (CTO) in lieu of overtime pay at the 56 hour work week overtime rate. e. Employees may exchange shifts in accordance with the shift trade policy appended hereto as Exhibit "B”policy. f. The Chief may assign, at his or her discretion, for a period not exceeding thirtythirty (30) days, any employee to work on a typical 40-hour per week schedule for administrative projects. If the assignment is to exceed thirty days, there must be the mutual consent of the Fire Chief and the employee. g. Employees required to appear in court or other official hearings pertaining to District business shall be granted a leave of absence with pay from their assigned duty until released by the Court. Employees required to appear in Court or other official hearings, pertaining to District business, other than during their regular tour of duty shall receive a minimum of four (4) hours pay at the overtime rate and shall appear in Class A uniform. The Fire Department, when informed, shall provide appearance information for the employees. This information shall be made available, if known, by 6:00 p.m. on the last court day preceding the scheduled appearance date of the employee. Employees will be responsible for notifying the Duty Chief after 6:00 p.m. h. The pay rate of all overtime hours, including overtime hours defined by this MOU, shall be the “regular rate of pay,” as that term is defined by 29 U.S.C Section 207(e). The Parties agree that the regular rate of pay includes the following: holiday in-lieu pay, education incentive pay, paramedic pay, out-of- grade pay, and cash in-lieu pay. The Parties agree that this list is not exhaustive and may change in the future to ensure continued compliance with FLSA. The regular rate compensation shall be divided by the number of regularly scheduled hours per work period. i. Compensatory time-off hours subject to cash out either during employment or separation shall be paid out at the regular rate of pay.

WORKING HOURS AND OVERTIME. a. During A. It is understood and agreed that the term regular work week of this agreementall employees, the normal Fire Duty Cycle for Firefighter/Engineer and Captain shall consist of two twenty four a forty (2440) hour shifts followed by ninety-six (96) hours off duty. Shifts shall not exceed forty-week to be worked in five eight (488) hour days, exclusive of meal periods. This provision is not to be construed, however, as either a guaranteed minimum or maximum work day or work week. Shift assignments and the number of employees to be assigned at a given location will be done in accordance with the Agreement and the practice of determining the shift assignments within the building. B. Time and one-half (1.5) the employee's regular straight time hourly rate shall be paid for all hours duration, commencing at 7 o’clock a.m. Regular overtime is time worked by a Firefighter/Engineer or Captain, beyond forty-in excess of eight (488) hours in one day or forty (40) hours in the standard fire duty cycle. For purposes of computing regular overtimeone week, vacationand for Saturday, but there shall be no pyramiding. C. The parties understand that used and paid for sick and compensatory time leave shall be considered as time worked. Holidays, leaves for Union business, and vacations shall also be considered as time worked. All other leave or time off, whether paid or not, shall not be considered as time worked. b. Overtime for Fair Labor Standards Act D. On holidays, overtime shall be in addition to the holiday pay as set forth in Article XXII. Employees assigned to check buildings on weekends or holidays shall receive time and one-half (FLSA1.5) purposes their straight time hourly rate in addition to the holiday pay. E. An employee who is time worked by required to work overtime without notice before the end of the shift, shall receive a Firefighter/Engineer or Captain beyond one hundred eighty-minimum of two (1822) hours in a twentywork or pay at one and one-four half (241 ½) day work period (as that term is used by the wage and hour division of the Department of Labor) and is the time frame in which hours worked will be counted for the purpose of computing overtime under FLSA regulations. c. All overtime work authorized by the Chief or times his/her designee regular straight time hourly rate. This provision shall not apply to hours worked continuous with regular hours. F. Except in an emergency situation, when outside overtime is required, it shall be rotated among the employees within each classification in each building or department, provided, however, the employee is able to perform the overtime work. Rotation shall be on the basis of charged overtime. The employer shall not be obligated to offer overtime to employees who are off duty during the week of the scheduled overtime. New employees upon completing probation, or employees assigned to different buildings or departments, shall be placed at the bottom of the overtime list and charged with the same amount of overtime hours of the employees with the highest overtime hours. As an exception to the foregoing, overtime in the Maintenance Department will be rotated among the employees assigned to its various work groups. They are as follows: Carpentry/Masonry, Electrical, Grounds, Painting, and Plumbing/Heating. Additional employees necessary to work overtime in a work group will be selected from among employees assigned to the other work groups based on the lowest overtime hours, the qualifications required to perform the work and seniority. A representative from Management and a representative from the Union (president or vice president) will work together to distribute extra day time hours on a rotation basis, originally by seniority and thereafter rotated by equalizing hours worked or charged. An employee reporting for snow or ice removal shall be paid at the double time rate for all hours worked until their regular shift starts and one-half. Employees shall have double time after their regular shift if this same work continues or resumes. G. When overtime is used to replace an absent employee, except when the option employee's absenteeism is due to accumulate Compensatory Time Off (CTO) in lieu vacation, or any leave of pay for overtime worked. CTO may be accumulated at a rate of 1.5 to 1.0 up to a total of 240 hours maximumabsence, and may be taken at a time mutually convenient to the employee and employer and subject to the vacation schedule. Total accumulated hours by absent employee will be calculated on July 1 charged the highest number of each year. Employees who have accumulated more than 240 overtime hours as of July 1 will be notified by the employer of that fact, and allowed to schedule time off to bring the hours accumulation to below 240 hours. CTO in excess of one (1) hour shall be calculated in 1/2 hour increments. No employee shall be allowed to carry more than 240 comp time hours on the booksworked for this reason. d. All overtime worked, up to a maximum of eight (8) hours, shall be computed at a minimum of one-hour overtime computed on a 40 hour work week rate. For time worked between 8 and 12 hours, the employee shall be paid eight (8) hours at the 40 hour work week rate. Any overtime in excess of 12 hours is paid based on a 56 hour work week rate. e. Employees may exchange shifts in accordance with the shift trade policy appended hereto as Exhibit "B”. f. The Chief may assign, at his or her discretion, for a period not exceeding thirty