Service Employees’ International Union - Local 1021 (SEIU)

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2018 - 2019 SEIUMemorandum of Understanding: Article 7: Schedules, Hours, and Overtime

Service Employees’ International Union

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7.1 Purpose of this Article

This Article describes the parties’ agreement on matters within the scope of bargaining related to schedules, hours, and overtime. Hours specified under types of employment in this section indicate the County’s commitment to the minimum and maximum hours each employee shall be regularly scheduled, as long as there is sufficient work.

Article 7 applies to the following types of employment:

Full-Time: An allocated position that is regularly scheduled for 80 hours of work in a pay period.
3/4 Part-Time: An allocated position which is regularly scheduled for at least 60 hours, but less than 80 hours of work in a pay period.
Part-Time: An allocated position which is regularly scheduled for at least 32 hours, but less than 60 hours of work in a pay period.
Extra Help: A non-allocated assignment of duties which is defined in the Civil Service Rules.

7.2 Schedule – Modification of Work

The County reserves the right to establish and modify work schedules. The County may require and authorize an employee to work overtime if such overtime is essential to the continuing efficient operation of the department in which the employee works. As described in Section 7.14 (Authorization of Overtime), no employee shall work overtime without the prior approval of the County.

7.3 County Work Schedules – Flex-Time and Alternative

The County Work Schedules include 5/8, 4/10, 4/9/4, and 9/8/1 and flex-time.

7.3.1 Flex-Time Schedule

The County reserves the right to utilize a flex-time schedule. As defined in Article 3: Definition, a Flex-Time Work Schedule is a non-regular work schedule with or without a consistent pattern as to the number of work hours per day or week, but an arrangement whereby the employee is obligated to perform work and be responsible for flexing the hours of his/her own work schedule in accordance with a written agreement between the employee and the appointing authority.

Employees may request and department heads may utilize flex-time schedule whenever such schedules will be beneficial to the County and will not incur overtime beyond the County’s usual and customary overtime needs under the employee’s regular work schedule. As defined in Article 3, Definitions, an employee and the County must agree to and complete a written agreement specifying the work week, scheduled days of the week, and hours to be regularly worked for the flex-time assignment.

The County reserves the right to discontinue the flex-time schedule and reassign an employee to a normal daily work schedule based on the operational needs of the department.

7.3.2 Alternative Work Schedules

As defined in Article 3, Alternative Work Schedule is a regular schedule that is other than the standard 5/8 schedule (eight hours per day, five days per week). Examples include a 4/10 schedule (ten hours per day, four days per week), a 9/8/1 schedule (eight, nine hour days and one eight hour day with one day off in a biweekly pay period), or a 4/9/4 (four nine hour days and one four hour day per week). Such alternatives are offered to allow workable schedules for employer and employee and must not create overtime as required under any of the Articles of this agreement or as required by law.

Employees may request and department heads may utilize alternative work schedules whenever such schedules will be beneficial to the County and will not incur overtime beyond the County’s usual and customary overtime needs under the employee’s regular work schedule. As defined in Article 3, Definitions, an employee and the County must agree to and complete a written agreement specifying the work week, scheduled days of the week, and hours to be regularly worked for the alternative work schedule. Employees assigned to an alternative work schedule will be eligible for overtime compensation when the employee performs any authorized work in excess of forty (40) hours in a work week. The County reserves the right to discontinue the alternative work schedule and reassign an employee to a normal daily work schedule based on the operational needs of the department.

7.3.3 Incidental Flex Time

An employee may request, and a supervisor may approve, incidental flex time in which an employee works variable work hours with corresponding flex hours off. All requests and approvals shall be in writing. Non-exempt employees must take all flex hours off within the forty (40) hour work week in which the variable hours are worked, and exempt employees must take all flex hours off within the eighty (80) hour pay period in which the variable hours are worked. Employees who participate in an incidental flex time arrangement shall waive daily overtime for the time designated as flex time worked.

7.4 Schedule – Posting of Work

For the convenience of employees, work schedules will be posted in advance. The County may require and authorize an employee to work overtime if such overtime is essential to the continuing efficient operation of the department in which the employee works.

7.5 Schedule – Notice Required for Change in Work

Except in cases where emergency operations require, notice of a change in work schedule arising from other than transfer or promotion shall be given to the affected employee not less than seven (7) calendar days prior to the effective date of the schedule change.

If the County fails to give the seven (7) day notice to a full-time employee, the County shall pay the affected employee compensation equaling one and one-half times the employee’s base hourly rate for all hours actually worked on the new regular work schedule that are at variance from the employee’s previous regular work schedule until the seven (7) calendar days notice is given. However, for each such hour worked that constitutes statutory overtime as defined in Section 7.10, compensation shall be based on the FLSA defined regular rate of pay.

If any full-time employee has been given seven (7) calendar days advance notice of a shift change and the shift change results in the employee doubling back to work the new shift after leaving the worksite, all hours worked on the new shift within the employee’s same work day as the former shift will be paid at the employee’s base hourly rate, not at overtime, except as otherwise required by law.

Part-time employees shall not be paid at time and one-half (1-1/2) for changes in schedule unless it results in overtime due and payable under Section 7.10 of this MOU.

7.6 Schedule – Employee Request for Change in Work

An employee may submit to the County a written request for a schedule change. The County shall not approve an employee’s request for a schedule change if the schedule would result in overtime being built into the schedule.

7.7 Schedule – Voluntary Exchanges of Work (Sheriff and Department of Health Services)

Employees assigned to the Sheriff’s Department or the Department of Health Services 24 Hour Service Units (such as Psychiatric Emergency Services) may submit a written request to voluntarily exchange schedules. Voluntary schedule exchanges shall comply with departmental policy, shall be within the same or related work unit, and shall involve employees with comparable ability in a comparable classification. Each employee involved in an exchange shall notify the employee’s supervisor. Employees who voluntarily exchange schedules shall not be paid for overtime resulting from this voluntary schedule change.

7.8 Schedule – Weekend (Behavioral Health & Public Health Divisions)

For each employee, the County shall designate Friday/Saturday, Saturday/Sunday, or Sunday/Monday as that employee’s weekend. The County reserves the right to redesignate the respective weekend for each employee.

Except in an emergency, the County shall make every effort to grant every other weekend off to full-time and part-time employees in positions in the Behavioral Health and Public Health Divisions of the Department of Health Services. This provision shall not prevent employees who choose to work every weekend from doing so.

7.9 Work Week

The County shall designate a work week for each employee. An employee’s work week shall be a fixed and regularly recurring period of 168 hours within seven (7) consecutive 24-hour periods. A work week need not coincide with the calendar week but may begin on any day and at any hour of the day.

7.10 FLSA Overtime

Fair Labor Standards Act (FLSA) Overtime shall be defined as hours actually worked in excess of forty (40) hours in a work week. For the purpose of calculating overtime hours under this section, the County shall not include any paid time off (for example, sick leave, vacation, and holidays.) Applying FLSA legal standards, the County shall compensate an employee for overtime at the rate of one and one-half (1.5) times the employee’s base hourly rate of pay.

If an employee’s regular workday extends beyond 12 hours, the County shall pay the employee double time for the hours worked beyond 12 hours.

Except for the Elections Department, and the Fair & Exposition, Inc. during the term of the annual Sonoma County Fair, overtime is also defined as hours actually worked on the seventh consecutive full (8, 9 or 10 hours per day) day and any consecutive full (8, 9, or 10 hour days) days worked.

Except in emergency operations in the Elections Division of the County Clerk / Recorder / Assessor Department during an election, no bargaining unit employee shall be required to work in excess of 16 hours in any 24-hour period.

7.11 FLSA Overtime – Not Cumulative

FLSA Overtime shall not be compounded, pyramided or cumulative. The County shall not pay an employee for compounded, pyramided, or cumulative overtime compensation even though more than one of the conditions or eligibility standards described in this Article may apply to a particular unit of time.

7.12 Overtime – Non-Statutory – Non-Exempt Employee

Non-statutory overtime for non-exempt employees is defined as all hours worked in excess of 40 hours in pay status in a 7 day work period or in excess of 80 pay status hours in a 14-day work period; or hours worked in excess of the normal full-time daily work schedule established by the County (in excess of 8 hours for the 5/8 schedule, 9 hours for the 9/8/1 schedule, or 10 hours for the 4/10 schedule); or any other circumstance except Section 7.13 where overtime pay is provided for non-exempt employees elsewhere in this Memorandum. Except for the Elections Department and the Fair & Exposition, Inc. during the term of the annual Sonoma County Fair, overtime is also defined as hours actually worked on the seventh consecutive full (8, 9 or 10 hour) day and any consecutive full (8, 9, or 10 hour) days worked thereafter; however, individual employees may waive such overtime with the consent of the Union.

7.13 Overtime – Non-Statutory – Exempt Employees

Non-statutory overtime for exempt employees is defined as all hours worked in excess of 80 pay status hours in a pay period; or hours worked in excess of the normal full-time daily work schedule established by the County on a regular work day (in excess of 8 hours for the 5/8 schedule, 9 hours for the 9/8/1 schedule, or 10 hours for the 4/10 schedule); or any other circumstance where overtime pay is provided for exempt employees elsewhere in this Memorandum. Except for the Elections Department, overtime is also defined as hours actually worked on the seventh consecutive full (8, 9, or 10) day and any consecutive full (8, 9, or 10) days worked thereafter; however, individual employees may waive such overtime with the consent of the Union.

7.14 Authorization of Overtime

No employee shall work “FLSA overtime” or “Non-statutory overtime” without prior approval of the County. The County may require and authorize an employee to work FLSA overtime or non-statutory overtime if such FLSA overtime or non-statutory overtime is essential to the continuing efficient operation of the department in which the employee works.

7.15 Maximum Work Hours Within 24-Hour Period

Except in emergency operations, or in the Election Division of the County Clerk/Recorder/Assessor Department during an election, no bargaining unit employee shall be required to work in excess of 16 hours in any 24-hour period.

7.16 Compensatory Time Off (CTO) – Employee Choice

The employee assigned to overtime and eligible for compensatory time off (CTO) shall make an irrevocable choice each time such overtime is accrued whether to be compensated in cash at one and one-half (1.5) times the base hourly rate or in CTO until a maximum of one hundred twenty (120) hours of CTO have been accrued.

7.16.1 Sonoma County Fair and Exposition Employees (Fairgrounds)

Effective July 1, 2012, employees assigned to the fairgrounds between June 1 and August 30 of each fiscal year during the Sonoma County fair season shall be eligible for overtime and CTO as specified in Sections 7.14 and 7.16 and shall make an irrevocable choice each time such overtime is accrued whether to be compensated in cash at one and one-half (1.5) times the employee’s base hourly rate or in CTO until a maximum of two hundred and forty (240) hours of CTO have been accrued.

An employee assigned to the fairground must use the CTO earned in excess of the normal one hundred twenty (120) hour maximum CTO accrual before the end of the last full pay period in the fiscal year the CTO was earned and accrued. Effective July 1 of the next fiscal year, the County shall pay the fairground employee for any accrued CTO hours in excess of one hundred twenty (120) hours of CTO not used by June 30 of the fiscal year in which the CTO was accrued. The County will pay fairground employees who transfer to any other County department or agency for the accrued CTO hours in excess of eighty (80) hours prior to the date of the transfer.

7.17 Compensatory Time Off – Cash Out

At no time, except at separation or as otherwise provided herein shall an employee with a CTO balance greater than 0.1 hours voluntarily or involuntarily “cash out” compensatory time that has been accrued. Balances of less than 0.1 hours shall be paid in cash at the base hourly rate at the end of March each year.

7.18 Compensatory Time Off Overtime – Cash Pay Only

Except as otherwise provided herein, when one hundred twenty (120) hours of CTO compensatory time are accumulated, the County department will compensate the employee in cash at one and one-half (1.5) times the base hourly rate for any additional overtime worked.

7.19 Compensatory Time Off Overtime – Approval for

No employee shall take compensatory time off without prior approval of the County. The County shall attempt to schedule such time off at the time agreeable to the employee.

7.20 Compensatory Time Off – Payment at Separation

Each employee who is separated from County service shall be entitled to payment for accrued compensatory time at the employee’s base hourly rate at the time of the employee’s separation or in accordance with law.

7.21 Rest Periods

The County shall grant rest breaks to employees, except where unusual operational demands prevent a rest break. Rest breaks will not be unreasonably or consistently denied. Rest period shall not exceed 15 minutes in any four (4) consecutive hours of work and shall be considered as time worked.

7.22 Meal Period – Duty Free

Employees shall be granted a duty-free meal period during each work shift which exceeds six (6) consecutive hours. The duration of the meal period may be not less than thirty (30) minutes nor greater than sixty (60) minutes and will be scheduled as near to the middle of the work shift as reasonably possible.

Different meal periods may be assigned to different work units in the same County department or division. Duty-free meal periods shall not be considered as time worked.

7.23 Meal Period – Non-Duty Free

In those special circumstances where the County determines a duty-free meal period is not appropriate with the delivery of efficient and productive services to the public, as determined by the County, the employee shall be assigned to a non-duty free meal period which shall be considered time worked. If the County plans to take action under this subsection, the department shall give the affected employee(s) advance written notice and provide an opportunity for the affected employee(s) to discuss the issue with the County before final action is taken.

7.24 Callback

When the County requires an employee to report to work on the employee’s scheduled day off or after the employee has completed the employee’s regular shift and has left the County work site, the County shall compensate the employee for a minimum of two (2) hours or for each hour actually worked, whichever is greater, at the rate of one and one-half (1½) times the employee’s base hourly rate of pay.

When the County calls back an employee in the Maintenance Bargaining Unit to begin work after midnight but before 6:00 a.m. of the same day or two (2) hours before the start of the employee’s normal work shift, whichever occurs first, the County shall compensate the employee for a minimum of three (3) hours or for each hour actually worked, whichever is greater, at the rate of one and one-half (1½) times the employee’s base hourly rate of pay.

Employees who are called back to work while on a duty free meal period will be paid according to Section 7.23.

Time worked, for which the employee is entitled to call-back compensation, shall include reasonable travel time to and from the employee’s residence via the shortest commonly traveled route. No employee shall continue to receive standby pay once called back to work or while receiving call back pay for hours worked, or while guaranteed minimum is paid. For purposes of computing overtime, only time actually worked and travel time shall be considered.

The County shall not pay an employee for callback pay, standby pay, and phone work pay during the same period of time.

7.25 Callback – Emergency Response Program

A Social Service Worker IV, a Social Service Supervisor II or a Social Service Supervisor I who is required to go out into the field to respond to an emergency response call shall be entitled to receive a minimum of two (2) hours at time and one-half or overtime for the actual time worked, whichever is greater. Employees who must go out into the field in response to a call between midnight and one hour before the beginning of the employee’s normal work shift shall be entitled to receive a minimum of three (3) hours at time and one-half, or overtime compensation for the actual time worked whichever is greater. Time worked for which the employee is entitled to compensation shall include reasonable travel time to and from the employee’s residence via the shortest commonly traveled route. In no case shall the employee continue to receive standby pay once called back to work.

7.26 Phone Work – Compensation

With the department head’s approval, an employee may be called upon to resolve work-related problems by telephone without having to return to the worksite. Compensation for such work shall be a minimum of one (1) hour at the rate of one and one-half (1½) times the employees base hourly rate of pay for any hour in which a telephone call is made or received. In the event a later telephone call is received after the prior one (1) hour of telephone work time, and the call required the employee to again resolve work-related problems by telephone, the employee shall be paid for an additional one (1) hour at the rate of one and one-half (1½) times the employees base hourly rate of pay for all telephone calls made or received within that next hour. Phone work performed during a regularly scheduled telecommuting assignment is not eligible for payment under this Section. The County shall not pay an employee for callback pay, standby pay, and phone work pay during the same period of time.

7.27 Employment in More than One Position

As defined in Article 3: Definitions, “FTE” (Full-Time Equivalent Position) is the relationship that the position has to a full-time position as allocated in the budget (e.g., .75, .5, .4). A full-time position is defined as a position that is regularly scheduled to work 80 hours in a pay period.

Except for working elections as provided by resolution of the Board of Supervisors, no person employed in a full-time position may be employed by the County of Sonoma in any other full-time, part-time or Extra Help position. No person shall be employed by the County in two (2) or more part-time positions which will, in combination, provide for more than eighty (80) hours of regularly scheduled work in any pay period.

7.28 Minimum Work Time

Any employee required to work on any day that is not their regular work day shall be offered a minimum of two consecutive hours of work time. This Section does not apply to employees subject to provisions where other minimum work time applies.