§3.03
Overtime

Responsible Manager


Links updated 09/08

  1. Overtime Assignment
  2. Requests and Approval for Overtime Work
    1. Requests
    2. Emergency Overtime
    3. Extended Work-Week Overtime
    4. Approvals
    5. Payment for Overtime Meals
  3. Reporting of Overtime
    1. Nonexempt Employees
    2. Exempt Employees
  4. Compensatory Time

A. OVERTIME ASSIGNMENT

The division director, department head, or supervisor must notify the employee that overtime must be worked as soon as possible after the need for overtime is determined. The employee is expected to work assigned overtime. In assigning overtime, the division director or department head will take into account employee preference for overtime assignments.

B. REQUESTS AND APPROVAL FOR OVERTIME WORK

1. Requests

The initial request for overtime should be made to the division or department whose personnel are needed for the overtime. This division or department will then request approval, as necessary, to schedule its personnel for the required overtime. Whenever possible, overtime requests should be submitted in time to obtain prior approval.

2.  Emergency Overtime

Overtime required for short periods to cover emergencies or to meet job schedules is called "Emergency Overtime." Nonexempt employees may work up to four overtime hours on any day or sixteen overtime hours in any calendar week with the approval of the employee's division administrator. Exempt employees usually do not receive pay for emergency overtime when their duties require them to work extra hours. When unusual situations in a work program require them to work extra hours over an extended period, however, they may be formally scheduled to work, and be paid for, extended work weeks.

3.  Extended Work-Week Overtime

An extended work week is overtime that must have a planned schedule exceeding the normal 40-hour work week 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.

Requests for extended work weeks must be made in writing to the Associate Laboratory Director for Operations (ALDO) or designee and must include the following information:

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

4.  Approvals

In addition to the approval stated under Paragraph (B)(2), above, emergency overtime exceeding four hours per day requires the approval of the ALDO or designee.

Extended work weeks and hours of emergency overtime exceeding 16 hours per week require the approval of the ALDO or designee.

5.      Payment for Overtime Meals

Operating expenses may be used to pay for overtime meals if all the conditions set forth in RPM §11.01 (Laboratory-Hosted (Funded) Meetings) concerning payment for food services are met and one of the following conditions applies:

C.  REPORTING OF OVERTIME

1.  Nonexempt Employees

All overtime worked by nonexempt employees must be reported and will be paid for in accordance with the provisions of Appendix A to the DOE/LBNL Contract for the job classification involved. Compensatory time off with pay in lieu of overtime pay is not allowed.

When computing premium pay for time over the normal 40-hour work week (see specific classifications in Appendix A to the DOE/LBNL Contract for exceptions to normal 40-hour work week), paid holiday leave is considered to be time worked. Sick leave, vacation, military leave, court leave, and any other leave with pay are not normally considered to be time worked. See specific classifications in Appendix A for exceptions to types of leave considered to be time worked.

2.  Exempt Employees

Exempt employees are paid for extended work weeks on the basis of the formally approved schedule on file in the Office of the Chief Financial Officer/Payroll for each week the extended schedule is shown on their timecards, as follows:

  1. Monthly Timecards

    The approved extended work week schedule of hours (e.g., 48, 54) will be shown in the Saturday date box of monthly timecards for each week that a monthly reporting, exempt employee is entitled to be paid for overtime. These hours will also be distributed to the proper cost account to the nearest half day.

  2. Weekly Timecards

    The actual overtime hours and the approved extended schedule of hours will be shown as a fraction (e.g., 8/48) in the overtime total box of weekly timecards for each week that a weekly reporting, exempt employee is entitled to be paid for overtime. The actual overtime worked will be distributed to the proper cost account to the nearest hour. When an employee is not entitled to such pay for one or more weeks during an extended work-week period, the schedule of hours should not be shown.

D. COMPENSATORY TIME

The Laboratory prohibits granting compensatory time off. Nonexempt employees must be paid for overtime work. Compensatory time off with pay, as such, is not granted an exempt employee for previous extra effort performed above his or her basic work schedule. Division directors or department heads may, however, grant or recommend authorized leave with pay (see RPM §2.11(C) (Authorized Leave with Pay)) in recognition of unusual extra effort by an exempt employee. Authorized leave may not be used to balance extra work above an employee's basic schedule on an hour-for-hour basis or to extend vacation time.


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