§2.06
Compensation, Scheduling, and Work Location

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Revised 1/11

 

Applicability:

  1. Salary (Moved to the Compensation policy in the RPM wiki on 9/24/2012)
  2. Ancillary Pay Components
    1. Overtime
    2. Shift Differential
    3. Pay for Travel Time (Non-Exempt Employees)
    4. Call-In Pay
    5. Extended Workweeks
  3. Pay at Termination (Moved to the Severance policy in the RPM wiki on 9/21/2012)
  4. Scheduling and Work Location
    1. Policy
      1. Use of Work Time for Personal Business
      2. Determination of Individual Work Schedule
      3. Meal Periods
      4. Work Location
    2. Hours of Work
      1. Exempt Employees
      2. Non-exempt employees
    3. Definitions
      1. Calendar Day
      2. Calendar Week
      3. Standard Laboratory Workday
      4. Standard Laboratory Workweek
      5. Work Schedule
    4. Flexible Work Option
      1. Flextime
      2. Telecommuting

A. SALARY (Moved to the Compensation policy in the RPM wiki on 9/24/2012)

B.  ANCILLARY PAY COMPONENTS

1.   Overtime

  1. Definition
  2. 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.

  3. Policy

    1. Only non-exempt employees are eligible for overtime pay. 

    2. All overtime must be approved in advance by the employee’s supervisor. 

    3. All overtime must be compensated, even if not approved in advance.

    4. Granting compensatory time off in lieu of overtime pay is prohibited. 

  4. Pay for Overtime
  5. 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. 

  6. Pay for Overtime Meals 
  7. 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:

    1. The work situation requiring the overtime is such that the employee is held over or called in early, without prior notice, so that the combined regular shift and overtime assignment totals a minimum of two hours over the regular work shift; or

    2. The work situation requiring the overtime is such that the employee is called in, without prior notice, on a day off, holiday, or call-back basis for a minimum of 5 hours.

2.   Shift Differential

  1. General 
  2. 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.

  3. Overtime 
  4. 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.

  5. Temporary Assignments
  6. 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.

  7. Paid Leave 
  8. Shift differential is included for all types of paid leave based on the shift an employee would have worked.

  9. Terminal Vacation Pay 
  10. 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.

3.   Pay for Travel Time (Non-exempt employees) 

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.

4.   Call-In Pay

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.

5. Extended Workweeks 

  1. An extended workweek is a planned schedule exceeding the normal 40-hour workweek for more than four consecutive weeks at a regular Laboratory site or a temporary assignment at locations away from regular laboratory sites.  Exempt or nonexempt employees may qualify.

  2. Requests for extended workweeks must be made in writing to the division director or designee.

  3. Approval of such requests applies only to the individual(s) named and is not transferable to others.

  4. Pay for extended workweeks:

C.  PAY AT TERMINATION (Moved to the Severance policy in the RPM wiki on 9/21/2012)

D.  SCHEDULING AND WORK LOCATION

1.   Policy

  1. Use of Work Time for Personal Business 
  2. 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).

  3. Determination of Individual Work Schedule
  4. 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.

  5. Meal Periods 
  6. 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.

  7. Work Location 
  8. 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.

2.   Hours of Work

  1. Exempt Employees 
  2. 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).

  3. Non-Exempt Employees 

    1. The regular number of hours worked by full-time, non-exempt employees is 40 hours in a workweek. Work beyond 8 hours in a day or 40 hours in a week is subject to additional compensation only under the circumstances described in RPM §2.06(B)(1) (Overtime).

    2. Rest Periods 
    3. 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.

3.   Definitions 

  1. Calendar Day
  2. A calendar day is the 24-hour period from midnight of one day to midnight of the next day.

  3. Calendar Week
  4. A calendar week extends from 12:01 a.m. Sunday to midnight the following Saturday

  5. Standard Laboratory Workday

    1. The standard workday is 8 hours in a 24 hour period on pay status with an unpaid meal break of at least 30 minutes (whether exempt or nonexempt).

    2. Day Shift 
    3. The standard day shift workday for full-time employees is 8 hours per day, 8 a.m. to 4 p.m.

    4. Swing Shift
    5. The standard swing shift workday for full-time employees is 8 hours per day, 4 p.m. to midnight.

    6. Owl Shift 
    7. The standard owl shift workday for full-time employees is 8 hours per day, midnight to 8 a.m.

    8. Exceptions 

      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).

  6. Standard Laboratory Workweek
  7. Normally, a workweek consists of five consecutive workdays, Monday through Friday, within a calendar week. 

  8. Work Schedule
  9.       The daily, weekly, or monthly hours that an employee is assigned to work.

    1. Full-time 
    2. A schedule involving complete workweeks or calendar months.

    3. Part-time 
    4. A schedule involving a specified percentage of each workweek or work month.

    5. Variable time 
    6. A schedule with no fixed percentage of time or schedule.  Hours worked will vary depending on operational needs.

4.   Flexible Work Option

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).

  1. Flextime

    1. General
    2. 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.

    3. Flextime Operating Guidelines
    4. 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.

    5. Responsibility

  2. Telecommuting

    1. General

    2. Agreements
    3. There are two types of telecommuting arrangements:

      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.

      Printed . 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.

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