Section 1.
Overtime and compensatory time shall be paid and used in accordance with applicable laws, including the Fair Labor Standards Act (FLSA), and implementing regulations.
Time spent performing official business in excess of eight (8) hours a day or forty (40) hours a week (or in excess of nine hours a day or 80 hours in a pay period for staff members on a compressed workweek or compflex schedule) shall be considered overtime when officially ordered or approved for employees exempt from the FLSA.
Section 2.
The Association acknowledges that the Library retains the right to require employees to work overtime. An employee, however, may be excused from an overtime assignment by his or her supervisor or higher-level management official based upon a timely acceptable request. Overtime will not be imposed against an employees wishes unless reasonable efforts to perform the work at other times or through other personnel have been pursued.
Section 3.
An employee covered under the FLSA shall be considered to be in an overtime status when performing work for the benefit of the Library prior to or after the employee’s established shift hours or during the employee’s prescribed lunch period, whether requested or not, when the Library knows or has reason to believe that it is being performed, except for time less than 15 minutes.
Section 4.
In the assignment of overtime, the Library agrees to provide the employee(s) with advance notice whenever possible. Any employee designated to work overtime on days outside his basic work week will be given a day’s notice except in cases of emergency. When overtime is to be performed on a Sunday or holiday, two days advance notice will be given to the employee(s) affected whenever possible and compensation will be in accordance with applicable laws and regulations.
Section 5.
- At the request of an exempt or non-exempt staff member, compensatory time off may be granted in lieu of overtime pay for an equal amount of time spent in irregular or occasional overtime work. Compensatory time in lieu of overtime pay is granted at the discretion of the supervisor. A staff member who prefers the compensatory time off shall so inform his/her Associate or Assistant Director at the time the employee receives instructions for such overtime work; otherwise, the staff member may receive overtime pay. Authorization for overtime work by a staff member shall be reviewed and approved on the assumption that the staff member will receive overtime payment rather than compensatory time off. A staff member having elected compensatory time may not later request overtime payment instead.
- A full-time, part-time, or intermittent staff member with a salary above the maximum scheduled rate of GS-10 officially ordered or authorized to work irregular or occasional overtime in excess of 40 hours during any administrative workweek (or in excess of nine hours a day or 80 hours in a pay period for staff members on a compressed workweek or compflex schedule) shall be granted compensatory time off, except that in special cases, upon submission of a justification describing the special circumstances, the reasons for exception, and the availability of funds, the Director may authorize overtime pay in lieu of compensatory time off.
Section 6.
An employee officially ordered or who has approval to work overtime sixty minutes or more beyond his/her duty hours and who must travel between the office and home during hours of darkness or on infrequently scheduled transportation may be reimbursed for transportation fees in accordance with schedules maintained by the Office of the Chief Financial Officer. The employee must substantiate additional transportation expenses before he/she will be reimbursed.
Section 7.
Overtime assignments will be distributed and rotated equitably among qualified employees based upon relevant factors, such as the knowledge, skills and abilities needed for the work to be done, dependability, and employee personal considerations. Supervisors may consult with Association Stewards concerning the assignments of overtime in an effort to apportion the overtime work fairly among qualified employees as far as possible. Supervisors shall not assign overtime work to employees as a reward or penalty.
Section 8.
The Library will establish a rotational system whereby each and every qualified employee within a section or organizational unit will be given the opportunity to participate in overtime work assignments on an equitable basis insofar as operational needs allow. Overtime assignments where specialized or uncommon skills are needed will be excepted from this basic principle of rotation. Records of employee overtime worked shall be maintained by the Library, including an overtime roster available for review by the Association.
Section 9.
Employees who work overtime shall be allowed a twenty (20) minute rest break during each four (4) hour period worked, consistent with Article 27 below.