ACE Members,
Here is a review that got a little lengthy, but covers common situations that we see across the District:
Hours and Overtime
Setting boundaries around your work schedule is a healthy habit and supported by our Agreement in a number of ways, but particularly in Article 13 (LINK):
Manager says, “I need you to rotate your schedule and work different hours periodically.”
The CBA says:
13.1 Working Time
The workweek shall consist of five (5) consecutive days of the same eight (8) hours per day and forty (40) hours per week.
- Note: Schedules can be modified, but employees should all have a workweek and shift that is consistent week to week. Schedules should also not be adjusted purely to avoid paying overtime.
Manager says, “It’s an emergency.”
The CBA says:
13.2.6.1 Stand-By
No worker shall be required or requested to be available for handling potential emergency situations or available to answer questions by phone, text, or email after they have clocked out for the day, unless the supervisor has contacted the worker to authorize call-back time to accommodate a special need.
- Note: ACE members are not emergency workers or required to be on call at all times.
Manager says, “Sorry to ask after work hours.”
The CBA says:
13.2.4 Call Back Time
Occasionally a worker may be called back for work in the evening or on a weekend to accommodate a special need. In such cases, travel time to and from home will be counted as time worked. In order to make the disturbance of normal time off worthwhile, the pay for combined work and travel time shall be for a minimum of four hours.
- Note: If a normal schedule does not include weekends or there is a gap between the end of a workday and a request to work overtime, members may be eligible for 4 hours of OT per this contract section.
Manager says, “I’m sorry the overtime always falls on you.”
The CBA says:
13.2.5 Distribution of Overtime
Overtime shall be distributed among qualified workers in order that opportunities to earn extra pay will be equitably shared and in order that overtime work will not become the burden of a small percentage of qualified workers. Consideration when possible will be given to the personal obligations of workers which may conflict with overtime hours.
- Note: Records of overtime help document that there is an uneven disbursement and potentially a need for an additional position. Not recording the overtime hides the work.
Manager says, “I can only offer comp time.”
The CBA says:
13.2.3 Compensatory Time Off
A worker may request compensatory time off in lieu of cash compensation for overtime worked up to a maximum of 96 hours (12 days). Compensatory time shall be granted at the overtime rate. Any overtime worked shall be reimbursed in compensatory time off within 12 calendar months following the month in which it was reported on the time report. If at the end of the 12-calendar month period the worker has not taken the time off, they shall receive overtime pay at the rate that was effective for the worker when the overtime was worked. Compensatory time off may not be carried over beyond these 12 calendar months. The worker has the option of receiving either compensation or compensatory time off for overtime work.
- Note: It is the worker’s choice if OT is cash or comp time. If the department can’t pay for the time, it can be declined.
- Note: If comp time balance on a paystub is more that 12 months old, it can be cashed out by contacting payroll@fhda.edu and the department manager/supervisor.
Manager says, “Why aren’t you picking up your phone?”
The CBA says:
13.2.6 Computer Terminals in Home, Contact after Normal Working Hours
…. Workers will not be disciplined for failure to respond to a call, email, or text message after they have clocked out for the day.
- Note: If it’s off hours, workers do not need to pick up the phone, check workplace email, etc.
Ultimately the work environment we don’t want is something like what’s depicted in the movie “Office Space”:
If this image hits too close to home, please reach out to an ACE Steward. Obtaining adequate staffing to meet the needs of the workplace does not happen by working unreported overtime or working outside the contract. Classified employees are hourly – we receive compensation for the hours we work. We are not salary or exempt from overtime.
Admittedly this isn’t the warmest and fuzziest message to start the quarter. I’ll follow up with one of those soon along with updates on what ACE has been working on.
In Service,
Scott Olsen (he/him) | ACE President
https://acefhda.org | scott.olsen@acefhda.org
650-949-7789 | M-F 8:30am-5:00pm