Overtime in most cases is actual time worked in excess of 8 hours per day or 40 hours per week in order to cover emergencies or to meet job responsibilities. Paid holiday leave is considered to be time worked. Sick leave, vacation, military leave, court leave, and any other leaves with pay are not considered to be time worked for purposes of compensation for overtime.
Overtime for non-exempt employees will be paid at the rate of 1 ½ times the regular hourly rate for hours worked in excess of eight hours per day or 40 hours per week.
Employees may be paid overtime for meals if all the conditions set forth in RPM 11.01 (Meetings (Laboratory-Hosted)) concerning payment for food services are met and one of the following conditions applies:
Shift differential is extra pay in addition to base pay for non-day shift work. A non-exempt employee is paid this differential when required to work on an assigned swing or owl shift. The amount of the differential is 7.5 percent for swing shift and 15% for owl shift. For purposes of computing shift pay, a swing shift consists of the hours from 4:00 p.m. to 12:00 midnight and an owl shift from 12:00 midnight to 8:00 a.m. To qualify for payment of shift differential, a minimum of four hours must be scheduled during the above periods. Work which is scheduled during the swing or owl shifts for the convenience of the employee is not considered an assigned swing or owl shift for purposes of this policy and no differential will be paid.
Overtime pay, for employees who receive shift differential pay and work during non-day shifts (see RPM 2.06(B)(2) above), is based on the employee’s base pay and shift rate.
Employees who usually work a swing or owl shift continue to receive the shift differential when assigned temporarily by their supervisor to a day shift for four days or less. A change in shift assignment initiated by the employee is not covered by this provision and no differential will be paid.
Shift differential is included for all types of paid leave based on the shift an employee would have worked.
Terminal vacation is paid at the appropriate shift differential rate when the employee has been permanently assigned to swing or owl shift or when a temporary swing or owl shift has extended over 90 days.
Travel between an employee’s home and the workplace is not considered time worked. Travel on Laboratory business during an employee’s normal working hours (including travel during those hours on the employee’s day off) is considered time worked. Travel outside normal working hours is considered time worked when it occurs on a scheduled day of work and is to or from a work location outside the normal commuting area of the assigned workplace.
Non-exempt employees who are called in for short jobs outside their regular weekly schedule will be paid for a minimum of four hours or the hours worked, whichever is greater. Such pay will include shift differential and overtime if appropriate. Represented employees should refer to their collective bargaining agreement.
Approval of such requests applies only to the individual(s) named and is not transferable to others.
No portion of time due the Laboratory may be devoted to private purposes and no outside employment may interfere with the performance of Laboratory duties. Use of Laboratory telephones for brief calls within the local commuting area is permitted, when required by changes in work plans, emergencies, or coordination of work activities with family members or others who can be reached only during working hours. (See RPM 10.02(A) (Outside Employment and Business Activities) and RPM 9.02 (A)(2) (Communications and Networking Systems).
Employee work schedules are determined by the designated supervisor of the work unit, within division policy, to ensure that the work unit’s operational needs have appropriate coverage.
Any work schedule of six continuous hours or more shall provide employees with a meal period of at least one-half hour. Meal periods, which should be duty-free, are neither time worked nor time on pay status.
All employees are required to perform their work at an official Laboratory location, except while on travel status or through an approved telecommuting agreement, unless specific approval has been granted for work at another location. Official laboratory locations include, but are not limited to, the facilities in the San Francisco Bay Area, and locations such as the Washington, D.C., Office and Fermi Lab where Laboratory employees also reside. Agreements to perform work at alternative work sites must be in compliance with Laboratory policies.
The workweek for full-time exempt employees is normally considered to be 40 hours, and for part-time employees the portion of 40 hours equivalent to the appointment percentage; however, greater emphasis is placed on meeting the responsibilities assigned to the position than on working a specified number of hours. Exempt employees do not receive overtime compensation or additional compensation beyond the established salary for the position except as provided in RPM §2.06(A)(6) (Administrative Stipend for Temporary Assignments) and §(B)(5) (Extended Workweeks).
A full-time, nonexempt employee may be granted two 15-minute rest periods, one to be taken in the work period prior to the meal period and one in the work period following the meal period. A part-time employee may be granted one 15-minute rest period for each work period of three continuous hours or more, not to exceed two rest periods per day. Rest periods may not be taken at the beginning or end of the work period, and time not used for rest periods may not be accumulated to be used at a later date. Scheduling of rest periods is subject to the approval of the employee’s supervisor. Abuse of rest periods may result in disciplinary action. Such rest periods shall be considered as time worked.
A calendar day is the 24-hour period from midnight of one day to midnight of the next day.
A calendar week extends from 12:01 a.m. Sunday to midnight the following Saturday
The standard day shift workday for full-time employees is 8 hours per day, 8 a.m. to 4 p.m.
The standard swing shift workday for full-time employees is 8 hours per day, 4 p.m. to midnight.
The standard owl shift workday for full-time employees is 8 hours per day, midnight to 8 a.m.
Supervisors may establish workday schedules, with division management approval, other than the standard Laboratory workday if necessary to meet operational needs in certain operating situations such as Laboratory protection, accelerator and computer operations, and scientific experiments in which experimental needs determine coverage requirements. Additional exceptions may be allowed as defined in Paragraph (D)(4)(a).
Normally, a workweek consists of five consecutive workdays, Monday through Friday, within a calendar week.
The daily, weekly, or monthly hours that an employee is assigned to work.
A schedule involving complete workweeks or calendar months.
A schedule involving a specified percentage of each workweek or work month.
A schedule with no fixed percentage of time or schedule. Hours worked will vary depending on operational needs.
Flexible work options are tools managers and supervisors can use to help meet the work/life balance needs of their employees while simultaneously ensuring that the work unit’s operational needs are met. While the Lab supports the use of flexible work options whenever possible, they do not change the basic terms and conditions of Laboratory employment and are not entitlements. Granting or denial of a request for a flexible work option is at the sole discretion of management. Neither denial of a request for a flexible work option, nor rescission of an approved flexible work option is subject to the Complaint Resolution procedure (RPM §2.05(D)).
The Laboratory currently has two flexible work options that may be considered: Flextime and Telecommuting Agreements. Approval of both options must be within the provisions of RPM §2.06(D)(2) to (3).
It is the intent, except as noted below, to make flexible working hours available to all employees by allowing employees to redistribute their daily work hours within a framework defined by division management and that is within the provisions of §2.06 (D)(2) to (3). The goal is to allow employees some flexibility regarding their daily work schedule, compatible with effective job accomplishment and work unit operational needs.
Division/department management may determine that there are specific scientific and/or operational necessity reasons during which a regular, ongoing flextime schedule cannot be implemented. If scientific or operational requirements make regular, formal flextime practices unfeasible, arrangements can be made between the supervisor and employee on an ad hoc basis.
Supervisors should consider the following guidelines when reviewing a request for flextime. However, the final flextime arrangement approved, if any, is at the sole discretion of the supervisor.
There are two types of telecommuting arrangements:
If, in the opinion of the supervisor, an intermittent telecommuting arrangement begins to occur frequently while still not on a regular schedule, the supervisor may require a written agreement.
Telecommuting agreements involving nonexempt employees require concurrence of the Manager, Employee and Labor Relations.
Telecommuting agreements may be terminated at any time by either the employee or the supervisor. Whenever possible, a 30 days' notice should be provided.
. The official or current version is located in the online LBNL Requirements and Policies Manual.
Printed or electronically transmitted copies are not official. Users are responsible for working with the latest approved revision.