Association of Classified Employees Foothill – De Anza

RE: 2026.05.14 Quick Update – Overtime (Time * 1.5), Call Back Time (4 Hours Min) | 🤖 AI Hot Garbage 🔥🗑️

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ACE

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ACE Members,

We have had a handful of members who are rely on AI for contract and legal interpretation – do not use a chatbot for this purpose. Even with our Agreement loaded, MS Copilot initially offered guidance (see first image) that does not align with ACE’s interpretation. AI is also unaware of District-specific MOUs, past practice, Ed Code, Labor Law, State Law, etc. – things that could cost your money if you solely accept the answer without reaching out to multiple sources for validation:

When the AI was challenged with what we already knew from manually reading our Agreement and consulting with our Attorney, MS Copilot changed its tune (second image) and agreed that the calculation should be “travel time (to & from home) + work time = total overtime reported”:

There is a big difference between being told to report 2 hours of overtime instead of a minimum of 4 hours, and perhaps more(!) if your travel time to+from work exceeds 4 hours. Additionally, AI does not have the final say regarding what’s correct in our workplace.

Members can always consult with a union steward at any campus or our attorney for handcrafted artisan responses to questions:

In Service,

Scott Olsen (he/him) | ACE President
https://acefhda.org | scott.olsen@acefhda.org  
650-949-7789 | M-F 8:30am-5:00pm

From: Scott Olsen <olsenscott@fhda.edu>
Sent: Thursday, May 14, 2026 9:52 AM
To: ace <ace@fhda.edu>
Cc: Foothill-De Anza Association of Classified Employees <ace2@fhda.edu>
Subject: (ACE) 2026.05.14 Quick Update – Overtime (Time * 1.5), Call Back Time (4 Hours Min)

ACE Members,

We recently received a couple great questions about overtime and call back time. Here’s a quick reference:

  • If it’s a weekend and you have to work, scheduled or not, it’s call back (minimum 4 hours OT)
  • If it’s the end of your workday and it’s extended, it’s overtime (hours worked * 1.5)
  • If you go home at the end of your workday and come back, it’s call back (minimum 4 hours OT)

See Article 13 – Hours and Overtime (also copied below)

  • Overtime triggers when you work beyond your regular workday, or 40 hour workweek, or the sixth and seventh consecutive days of employment.
    • Double-Overtime triggers when you work beyond 12 hours in a workday.
  • Overtime requires pre-approval/authorization from a supervisor/manager. Faculty members cannot authorize overtime.
  • Workers have the choice between pay or accruing comp time – managers do not decide.

13.2 Overtime
The District is subject to the following provisions concerning overtime which provide for overtime payments to all eligible workers who work over eight hours in one day in a five- day work week, over ten hours in one day in a four-day work week, over nine hours in a 9/80 or 4/36 workweek, or over 40 hours in any work week, or on the sixth and seventh consecutive days of employment.

13.2.1 Approval for a worker to work overtime will come only from department supervisors, division administrators, or supervisors at a higher level. Approval will be based upon legitimate scheduling or load problems which cannot be solved through reassignment or adjustment of workload and will be governed by the availability of budgeted funds.

13.2.2 A worker authorized to work more than 40 hours per week will receive compensation or compensatory time at a rate equivalent to one and one-half times the normal hourly rate as determined by current contract pay, except when a worker works on a holiday, in which case the worker will be paid both regular pay and pay at the overtime rate for the hours worked.

Workers whose work schedule requires them to work beyond 12 hours per day shall be paid at a rate equivalent to double the normal hourly rate as determined by current contract pay for the hours worked beyond 12 hours.

…

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.

In Service,

Scott Olsen (he/him) | ACE President
https://acefhda.org | scott.olsen@acefhda.org  
650-949-7789 | M-F 8:30am-5:00pm

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