Imagine being paid for all of your work.

E.T.I. 2009
I am a salaried employee. A lot of employees in all ranges are salaried. According to the State salaried means that you work as long as they want for no extra pay. I started thinking about what would be fair. The State says they have no money for State employees. They always say that. We don't have anything to give but our time and the State's lack of planning, and not hiring enough employees to do the job should not come out of our lives. I am tired of bleeding time so that the State can get free work. How about on call? Some departments pay all employees 16% when they are on call. Some pay a few hours a week. Some pay nothing.

Does anyone think these ideas are fair? A direct quote from a BHR employee to me was "We can make you work 24 hours a day, seven days a week, 365 days a year and except for having to give you enough rest to maintain health, bathroom breaks, and a little time to eat, we do not have to pay you one penny more.

I have some ideas. Remember, The Union promised bargaining ideas would be collected starting after the last contract. Summer is ending, and it is time to start collecting ideas. We need to do the research.

1. Overtime Distinctions: For purposes of this article a distinction between employee types, exempt and non-exempt, applies.

1.1 Overtime Defined: Overtime is authorized work performed in excess of the basic work week or biweekly period for exempt employees.

1.2. Straight Time Rate: Where the basic workweek is 40 hours, hours of overtime will be compensated as follows:

1. Non-exempt employees shall be entitled to overtime pay at time and a half.
   
2. Exempt employees shall, at the discretion of the Employer, be paid overtime at straight time or given compensatory time off.

1.3. Time and One Half Rate: Where the basic workweek is forty (40) hours, all overtime shall be compensated as follows:

1. Non-exempt employees shall be entitled to overtime pay at the rate of time and one half. Shift differentials shall also be included where appropriate.
2. Exempt employees will be given compensatory time off or overtime pay at straight time after 80 hours in a biweekly pay period.
   
3. All hours that an employee is on pay status will constitute "time worked" for the purpose of determining the workweek required to establish eligibility for overtime compensation.
4. There shall be no pyramiding or duplication of compensation by reason of overtime or holiday or other premium pay provisions of this Agreement.
5. Alternative Work Schedule: An employee who works an alternative work schedule, by choice, shall only be entitled to that premium pay for overtime worked which is specifically provided for in the memoranda of agreement which authorizes alternative work schedules or flex-time. Not withstanding the above paragraph, employees that have worked other schedules shall continue to receive overtime based on the former schedule, if it is more beneficial to the employee.
6. Exempt employees shall have overtime calculated on a biweekly basis of 80 hours. All hours in pay status shall count as time worked.

1.4. Determining Exemption: The Parties agree that it shall be the responsibility of a Labor Management Committee to determine whether any position in any unit is exempt or non-exempt. The Labor Management Committee shall, in making its determination, consider past practice, pertinent wage and hour law, equity and the ability of employees to control their own work hours.

1.5. Overtime Funding: When authorized, payment for overtime is subject to the availability of appropriate funding. Whenever funds are not available, employees who work authorized overtime shall receive compensatory time off at the rates specified in 1.2. and 1.3.

1. The Employer may not require any employee to accrue by overtime work, compensatory time in an amount which exceeds two hundred forty (320) hours. The Employer and an employee may mutually agree to exceed this limit. If an employee is required to work overtime beyond the limits set forth herein, the employee shall be paid.
2. When an employee is paid for compensatory time it shall be at the employee's rate of pay at the time of payment.

1.6 Compensatory Time: An employee may receive compensatory time off at the rates specified in 1.2. and 1.3 in lieu of overtime pay upon mutual agreement between the Employer and the employee.

2. Return to Work:

2.1 Call Back: Non-exempt employees called back to work without prior notice on the same day after once leaving work or before the next regular starting time, shall be compensated at one and one half time the hourly rate for the hours worked and shall be guaranteed a minimum of not less than four (4) hours of premium pay. Non-exempt employees who are called back to work again, as provided above, shall be entitled to an additional minimum of three (4) hours of straight pay. For exempt employees call back hours shall be considered a part of the basic workweek for overtime purposes.

2.2 Full-time employees called back to work pursuant to 2.1 shall have the "hours worked" computed from portal to portal.

2.3 Standby: Any employee who is subject to being recalled to work, shall receive one 16% of their regular rate of pay for every hour on Standby status; the employee shall be notified of when he/she is expected to be on Standby status. The employee does not waive the right to minimum time allowed or the portal to portal pay.

E.T.I. 2009
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