I singed up for an OT shift on Dec 31. I was not notified that I got the shift until LESS THAN 24 HOURS prior to the shift. My supervisor then sent me an email in which she told me that I needed to be ready and able to work with no conflicts because I had to chase her down, literally, after multiple emials, to see if was confirmed because if so I had an appointment to cancel. Is this grievable? It is retaliation because I could not come into work yesterday 01042016 because I was iced in.
There is no particular requirement of a particular timeline for notification when assignments of overtime are given, often because managers don't know in advance, and because people volunteer for it. The contract just says "reasonable". You might ask your manager for clarification on procedure and normal timeline for getting notified about overtime assignments. It doesn't sound like a grievance to me.
There is no particular requirement of a particular timeline for notification when assignments of overtime are given, often because managers don't know in advance, and because people volunteer for it. The contract just says "reasonable".
You might ask your manager for clarification on procedure and normal timeline for getting notified about overtime assignments. It doesn't sound like a grievance to me.
I'm looking to change my schedule from five 8-hour days to four 9-10 hour days. Is it 36 hours I need a week to stay at full-time with full benefits? Also, how do I switch from accumulating overtime on a daily basis to a weekly basis? Thanks for your help!
.8 FTE (32 hours a week) is the minimum for maintaining full benefits (though you accumulate vacation and sick leave on a prorated basis and obviously make less money). To waive daily overtime you'll need to complete the "Voluntary Waiver of Daily Overtime" https://o2.ohsu.edu/central-financial-services/documents/upload/voluntary-waiverof-overtime-afscme.pdf
.8 FTE (32 hours a week) is the minimum for maintaining full benefits (though you accumulate vacation and sick leave on a prorated basis and obviously make less money).
To waive daily overtime you'll need to complete the "Voluntary Waiver of Daily Overtime" https://o2.ohsu.edu/central-financial-services/documents/upload/voluntary-waiverof-overtime-afscme.pdf
who gets to work an extra huc shift? huc or tech relief?
Overtime is granted first to relief staff if they are under 40 hours. If they are not under the 40 hours then Overtime is offered from highest seniority to lowest.
When does the department have to let full time workers known if their bid for overtime has been accepted. In my department, although I had signed up several weeks (3) prior to the days of OT for me, I was still not told if I got the shifts on the Friday before the Wed and thurs shifts. I thought shifts had to be confirmed a standard time in advance (3 weeks???). I get that the dept doesn't want to pay OT, but what are the parameters of the notificiation process?
Given the guidelines listed in the contract: 9.1.4 Scheduling and assignment of overtime. The Employer shall give reasonable notice of any overtime to be worked. Each work unit, with consensus of the employees, shall have the opportunity to develop creative methods of overtime scheduling. In units that do not develop such methods, the following rules apply: a. Overtime work shall be offered to those employees in the work unit and in the applicable classification who are eligible and qualified to perform the work, and shall be given to the most senior employees who accept the offer of overtime. To be eligible for the overtime, an employee must be available to work the entire overtime period and must have indicated such availability by signing up on an availability list maintained on the work unit. An employee’s consistent unavailability for overtime opportunities, however, will result in the employee’s removal from the list. b. The Employer may, in lieu of offering overtime work under subparagraph a, assign overtime for the conclusion of work in process to the employee currently engaged in the work. c. In the event that no employee accepts the offer of overtime and subparagraph b does not apply, the overtime shall be assigned to qualified employees in the work unit on a rotating basis beginning with the least senior employee. An employee who affirmatively demonstrates that assignment of the overtime on the particular occasion will result in a personal hardship will be skipped in the rotation. d. If the need for overtime arises within two (2) hours of the end of the shift, the Employer’s initial obligation under subparagraph a is limited to offering the overtime work to employees on duty. If no such employee accepts the offer of overtime, then the Employer may assign the overtime to employees on duty, and otherwise in accordance with subparagraph c. For single-shift operations, the Employer has no further obligations under this paragraph. For multi-shift operations, the assignment of mandatory overtime to employees on duty shall be for the first two (2) hours beyond the shift. The Employer will then offer the work to other qualified and eligible employees in accordance with subparagraph a. If no such employee accepts the offer of overtime, then the employee(s) assigned the overtime will continue to work for the duration of the overtime period. e. The Employer will pay taxi fare at its direction for an employee required to work beyond the employee’s scheduled shift if (1) the employee was first notified of the overtime when working the scheduled shift and (2) the employee’s regular mode of transportation is unavailable at the conclusion of the overtime assignment. f. Effective 120 days following execution of this Agreement, no employee shall be assigned mandatory overtime for more than sixty (60) hours per calendar quarter. g. The health and safety of employees and clients shall be considered in granting overtime; therefore, employees shall be limited to working no more than sixteen (16) hours (to include regular shift plus overtime) within a twenty-four (24) hour period. h. In all cases of an emergency, the Employer may assign overtime to any employee as operating needs require. Supervisors shall not perform overtime work normally done by employees working under the jurisdiction of this Agreement, except in an emergency or in lieu of assigning mandatory overtime. For purposes of this provision, an emergency is defined as a situation that is unforeseen and could not be prudently planned for. i. Following the execution of this Agreement, the Union and the Employer will establish a joint task force for the purpose of identifying units where the assignment of overtime is highly prevalent and making recommendations designed to reduce the incidence of overtime on those units. There is nothing that I can see that gives a specific timeline in the Contract of notification of overtime to work. Please review your department policies regarding overtime. The response time for awarding overtime may be based on a reasonableness test. If you'd like you can contact your union staff rep for your department for further clarification.
Given the guidelines listed in the contract:
9.1.4 Scheduling and assignment of overtime. The Employer shall give reasonable notice of any overtime to be worked. Each work unit, with consensus of the employees, shall have the opportunity to develop creative methods of overtime scheduling. In units that do not develop such methods, the following rules apply:
a. Overtime work shall be offered to those employees in the work unit and in the applicable classification who are eligible and qualified to perform the work, and shall be given to the most senior employees who accept the offer of overtime. To be eligible for the overtime, an employee must be available to work the entire overtime period and must have indicated such availability by signing up on an availability list maintained on the work unit. An employee’s consistent unavailability for overtime opportunities, however, will result in the employee’s removal from the list. b. The Employer may, in lieu of offering overtime work under subparagraph a, assign overtime for the conclusion of work in process to the employee currently engaged in the work. c. In the event that no employee accepts the offer of overtime and subparagraph b does not apply, the overtime shall be assigned to qualified employees in the work unit on a rotating basis beginning with the least senior employee. An employee who affirmatively demonstrates that assignment of the overtime on the particular occasion will result in a personal hardship will be skipped in the rotation. d. If the need for overtime arises within two (2) hours of the end of the shift, the Employer’s initial obligation under subparagraph a is limited to offering the overtime work to employees on duty. If no such employee accepts the offer of overtime, then the Employer may assign the overtime to employees on duty, and otherwise in accordance with subparagraph c. For single-shift operations, the Employer has no further obligations under this paragraph. For multi-shift operations, the assignment of mandatory overtime to employees on duty shall be for the first two (2) hours beyond the shift. The Employer will then offer the work to other qualified and eligible employees in accordance with subparagraph a. If no such employee accepts the offer of overtime, then the employee(s) assigned the overtime will continue to work for the duration of the overtime period. e. The Employer will pay taxi fare at its direction for an employee required to work beyond the employee’s scheduled shift if (1) the employee was first notified of the overtime when working the scheduled shift and (2) the employee’s regular mode of transportation is unavailable at the conclusion of the overtime assignment. f. Effective 120 days following execution of this Agreement, no employee shall be assigned mandatory overtime for more than sixty (60) hours per calendar quarter. g. The health and safety of employees and clients shall be considered in granting overtime; therefore, employees shall be limited to working no more than sixteen (16) hours (to include regular shift plus overtime) within a twenty-four (24) hour period. h. In all cases of an emergency, the Employer may assign overtime to any employee as operating needs require. Supervisors shall not perform overtime work normally done by employees working under the jurisdiction of this Agreement, except in an emergency or in lieu of assigning mandatory overtime. For purposes of this provision, an emergency is defined as a situation that is unforeseen and could not be prudently planned for. i. Following the execution of this Agreement, the Union and the Employer will establish a joint task force for the purpose of identifying units where the assignment of overtime is highly prevalent and making recommendations designed to reduce the incidence of overtime on those units.
There is nothing that I can see that gives a specific timeline in the Contract of notification of overtime to work. Please review your department policies regarding overtime. The response time for awarding overtime may be based on a reasonableness test. If you'd like you can contact your union staff rep for your department for further clarification.
My department has monthly after work meetings that can run to 7:00 p.m. This of course is considered overtime. Do I have the right to decline going to these meetings? thank you
Hi Laura, Yes, you are still required to go. Management does have the right to request mandatory overtime within reason but must pay you at the time and a half rate for these hours. Thank you, Korina
Hi Laura,
Yes, you are still required to go. Management does have the right to request mandatory overtime within reason but must pay you at the time and a half rate for these hours.
Thank you, Korina
If I work regularly scheduled 10 hour shift, then volunteer to come back a few hours (4.5) and fill in for a sick call for an additional 8 hours of work, does that count as overtime?
9.1 Overtime. 9.1.1 Definition of overtime. Overtime for employees working a standard 40-hour work week is time worked in excess of the employee’s regularly scheduled shift, provided the shift is not less than eight (8) hours, or in excess of forty (40) hours per week. Overtime for employees working an alternative 80-hour work period in Hospital units is time worked in excess of eight (8) hours in a day or eighty (80) hours in a fourteen (14) day work period. Overtime for employees working a split shift is time worked in excess of twelve (12) hours.
I believe a recent pay report may have a miscalculation for overtime. I worked a 12 hour shift (= 4 hours OT for that day, putting me at 36.4 hours for the week). I then finished the week with an 8 hour shift giving me 44.4 hours for the week. My pay report only had 1.2 hours listed as overtime.
Talk with your timekeeper, or your manager. Overtime is calculated based upon the FTE and schedule assigned to you. Your timekeeper should be able to assist you with making adjustments if anything was calculated incorrectly.
re: article 9 OT and premium pay - if we are called back to work are we required to stay the full two hours or can we leave after the urgent issue is resolved?
No, according to the contract 9.2.1 "An employee who is called back to work shall be paid a minimum of 2 hours. at the premium rate of pay of 1 1/2 times the employee's straight rate of pay." As I read it, it says to me that I would be paid at a minimum for two hours of work, regardless of how long I was here. "After two hours of work in each call back instance, the employee will be compensated at the appropriate rate of pay for the time worked." What that says to me is that if I get called in at 8 am, do the work leave at 9:15 am. I will get paid for two hours at 1 1/2 my usual rate. I go home. get called back at 11 am work until 2, I will get paid 1 1/2 times my normal rate for the first two hours and my regular rate for the last hour. Go home. Get called back at 4 come in work for 30 minutes, I still get paid for 2 hours at 1 1/2 times my normal rate.
No, according to the contract 9.2.1 "An employee who is called back to work shall be paid a minimum of 2 hours. at the premium rate of pay of 1 1/2 times the employee's straight rate of pay." As I read it, it says to me that I would be paid at a minimum for two hours of work, regardless of how long I was here. "After two hours of work in each call back instance, the employee will be compensated at the appropriate rate of pay for the time worked."
What that says to me is that if I get called in at 8 am, do the work leave at 9:15 am. I will get paid for two hours at 1 1/2 my usual rate. I go home. get called back at 11 am work until 2, I will get paid 1 1/2 times my normal rate for the first two hours and my regular rate for the last hour. Go home. Get called back at 4 come in work for 30 minutes, I still get paid for 2 hours at 1 1/2 times my normal rate.
when and is overtime mandatory?
Article 9 9.1.4.d states If the need for overtime arises within two hours of the end of a shift, the employer's initial obligation under subparagraph a is limited to offering the overtime work to employees on duty. Meaning those employees that are eligible and qualified to perform the work and is given to the most senior employee who accepts the offer of overtime. To be eligible for the overtime, an employee must be available to work the entire overtime period and must have indicated such availability by signing up on an availability list maintained on the work unit. If no such employee accepts the offer of overtime, then the employer may assign the overtime to employees on duty, and otherwise in accordance with subparagraph c. Sub C states "In the event that no employee accepts the offer of overtime and Sub b does not apply, the OT shall be assigned to the qualified employees in the work unit on a totating basis beginning with the LEAST senior employee" For single-shift operations, the employer has no further obligations under this paragraph. For multi-shift operations, the assignment of mandatory overtime to employees on duty shall be for the first two hours beyond the shift. The employer will then offer the work to other qualified and eligible employees in accordance with subparagraph a. If no such employee accepts the offer of overtime, then the employees assigned the overtime will continue to work for the duration of the overtime period.
Article 9
9.1.4.d states If the need for overtime arises within two hours of the end of a shift, the employer's initial obligation under subparagraph a is limited to offering the overtime work to employees on duty. Meaning those employees that are eligible and qualified to perform the work and is given to the most senior employee who accepts the offer of overtime. To be eligible for the overtime, an employee must be available to work the entire overtime period and must have indicated such availability by signing up on an availability list maintained on the work unit. If no such employee accepts the offer of overtime, then the employer may assign the overtime to employees on duty, and otherwise in accordance with subparagraph c. Sub C states "In the event that no employee accepts the offer of overtime and Sub b does not apply, the OT shall be assigned to the qualified employees in the work unit on a totating basis beginning with the LEAST senior employee" For single-shift operations, the employer has no further obligations under this paragraph. For multi-shift operations, the assignment of mandatory overtime to employees on duty shall be for the first two hours beyond the shift. The employer will then offer the work to other qualified and eligible employees in accordance with subparagraph a. If no such employee accepts the offer of overtime, then the employees assigned the overtime will continue to work for the duration of the overtime period.
Is there a way to verify the plicy on overtime on-call? If we have a rush case on a Sunday and are called in to work we clock in with automatic two hour paid. My supervisor says this means we stay for the entire two hours even if the rush case is completed. Why don't we just clock in normal then?
According to Article 9 Overtime and Premium Pay 9.2 -- Call back. Call-back compensation shall apply when an employee who is on-call is called back to work. It shall also apply when an employee who has been released from duty and is not on-call is called in to work and is then released from duty prior to the employee’s next reporting time. 9.2.1 Compensation rate. An employee who is called back to work shall be paid a minimum of two (2) hours at the premium rate of pay of one and one-half (1 ½) times the employee’s straight rate of pay. After two (2) hours of work in each call-back instance, the employee will be compensated at the appropriate rate of pay for time worked. 9.2.2 Commencement of compensation. Call-back compensation will commence when the employee actually begins work. Where, however, an employee is directed to report for transportation to a location other than an Employer work site, call-back compensation will commence at the time of departure from the employee’s residence 9.2.3 Mileage reimbursement. The employee who is called back shall receive private car mileage, both ways, between home and the duty station at the rate prescribed in Section 8.8.
According to Article 9 Overtime and Premium Pay
9.2 -- Call back. Call-back compensation shall apply when an employee who is on-call is called back to work. It shall also apply when an employee who has been released from duty and is not on-call is called in to work and is then released from duty prior to the employee’s next reporting time.
9.2.1 Compensation rate. An employee who is called back to work shall be paid a minimum of two (2) hours at the premium rate of pay of one and one-half (1 ½) times the employee’s straight rate of pay. After two (2) hours of work in each call-back instance, the employee will be compensated at the appropriate rate of pay for time worked.
9.2.2 Commencement of compensation. Call-back compensation will commence when the employee actually begins work. Where, however, an employee is directed to report for transportation to a location other than an Employer work site, call-back compensation will commence at the time of departure from the employee’s residence
9.2.3 Mileage reimbursement. The employee who is called back shall receive private car mileage, both ways, between home and the duty station at the rate prescribed in Section 8.8.
If a have 8 hours sick time in a week of 40 hours job, I work Monday to Friday, and I work 8 hours on Saturday , are this 8 hours overtime or must be pay as a regular time?
The Saturday will be counted as regular pay. Only time worked or vacation time will count when calculating overtime hours. Sick time is not counted in the total hours for overtime pay.
Can overtime be refused?
Under some conditions the employer can assign "mandatory overtime" to employees. The rules are complex. Usually overtime can be refused. But sometimes overtime is "mandatory". The current contract places a cap on the number of hours of mandatory overtime that may be worked. Check the contract for specific examples. Below are sections of the contract dealing with mandatory overtime. 9.1.4 Scheduling and assignment of overtime. The Employer shall give reasonable notice of any overtime to be worked. Each work unit, with consensus of the employees, shall have the opportunity to develop creative methods of overtime scheduling. In units that do not develop such methods, the following rules apply: a. Overtime work shall be offered to those employees in the work unit and in the applicable classification who are eligible and qualified to perform the work, and shall be given to the most senior employees who accept the offer of overtime. To be eligible for the overtime, an employee must be available to work the entire overtime period and must have indicated such availability by signing up on an availability list maintained on the work unit. An employee’s consistent unavailability for overtime opportunities, however, will result in the employee’s removal from the list. b. The Employer may, in lieu of offering overtime work under subparagraph a, assign overtime for the conclusion of work in process to the employee currently engaged in the work. c. In the event that no employee accepts the offer of overtime and subparagraph b does not apply, the overtime shall be assigned to qualified employees in the work unit on a rotating basis beginning with the least senior employee. An employee who affirmatively demonstrates that assignment of the overtime on the particular occasion will result in a personal hardship will be skipped in the rotation. d. If the need for overtime arises within two (2) hours of the end of the shift, the Employer’s initial obligation under subparagraph a is limited to offering the overtime work to employees on duty. If no such employee accepts the offer of overtime, then the Employer may assign the overtime to employees on duty, and otherwise in accordance with subparagraph c. For single-shift operations, the Employer has no further obligations under this paragraph. For multi-shift operations, the assignment of mandatory overtime to employees on duty shall be for the first two (2) hours beyond the shift. The Employer will then offer the work to other qualified and eligible employees in accordance with subparagraph a. If no such employee accepts the offer of overtime, then the employee(s) assigned the overtime will continue to work for the duration of the overtime period. e. The Employer will pay taxi fare at its direction for an employee required to work beyond the employee’s scheduled shift if (1) the employee was first notified of the overtime when working the scheduled shift and (2) the employee’s regular mode of transportation is unavailable at the conclusion of the overtime assignment. f. Effective 120 days following execution of this Agreement, no employee shall be assigned mandatory overtime for more than sixty (60) hours per calendar quarter.
Under some conditions the employer can assign "mandatory overtime" to employees. The rules are complex. Usually overtime can be refused. But sometimes overtime is "mandatory". The current contract places a cap on the number of hours of mandatory overtime that may be worked. Check the contract for specific examples. Below are sections of the contract dealing with mandatory overtime.
a. Overtime work shall be offered to those employees in the work unit and in the applicable classification who are eligible and qualified to perform the work, and shall be given to the most senior employees who accept the offer of overtime. To be eligible for the overtime, an employee must be available to work the entire overtime period and must have indicated such availability by signing up on an availability list maintained on the work unit. An employee’s consistent unavailability for overtime opportunities, however, will result in the employee’s removal from the list.
b. The Employer may, in lieu of offering overtime work under subparagraph a, assign overtime for the conclusion of work in process to the employee currently engaged in the work.
c. In the event that no employee accepts the offer of overtime and subparagraph b does not apply, the overtime shall be assigned to qualified employees in the work unit on a rotating basis beginning with the least senior employee. An employee who affirmatively demonstrates that assignment of the overtime on the particular occasion will result in a personal hardship will be skipped in the rotation.
d. If the need for overtime arises within two (2) hours of the end of the shift, the Employer’s initial obligation under subparagraph a is limited to offering the overtime work to employees on duty. If no such employee accepts the offer of overtime, then the Employer may assign the overtime to employees on duty, and otherwise in accordance with subparagraph c. For single-shift operations, the Employer has no further obligations under this paragraph. For multi-shift operations, the assignment of mandatory overtime to employees on duty shall be for the first two (2) hours beyond the shift. The Employer will then offer the work to other qualified and eligible employees in accordance with subparagraph a. If no such employee accepts the offer of overtime, then the employee(s) assigned the overtime will continue to work for the duration of the overtime period.
e. The Employer will pay taxi fare at its direction for an employee required to work beyond the employee’s scheduled shift if (1) the employee was first notified of the overtime when working the scheduled shift and (2) the employee’s regular mode of transportation is unavailable at the conclusion of the overtime assignment.
f. Effective 120 days following execution of this Agreement, no employee shall be assigned mandatory overtime for more than sixty (60) hours per calendar quarter.
I work an alternate schedule. Mon Tues Wed 6pm to 630am (12.5 hours) and four hours on Friday. I just found out that others in my department get paid a no lunch. I have to work through lunch and miss my breaks. I'm not allowed to put in a no lunch. I spoke to Marsha at the Bureau of Labor and Industry today and she told my that I may be eligible to recover up to six years of back pay. Can you help me so that I can get paid OT for missing lunch and breaks and possibly recover back pay? Thx
Yes, you need to file a grievance. When the contract is violated, that is what you do to get a situation corrected. Place a case in the ezone and a steward will get in touch with you. Since you have a contract and you've put up with this for six years without exercising your contractual rights, I'm not sure that the six year liability applies. When people don't take steps to ensure that their contractual rights are honored you may be waiving significant retroactive penalites. While you may not be able to recover the whole six years by filing a grievance, you may be able to recover some additional money by contacting the Oregon Bureau of Labor and Industry and filing a complaint. The lesson here is to be proactive about understanding your rights and taking steps to protect them without delay.
Yes, you need to file a grievance. When the contract is violated, that is what you do to get a situation corrected. Place a case in the ezone and a steward will get in touch with you.
Since you have a contract and you've put up with this for six years without exercising your contractual rights, I'm not sure that the six year liability applies. When people don't take steps to ensure that their contractual rights are honored you may be waiving significant retroactive penalites.
While you may not be able to recover the whole six years by filing a grievance, you may be able to recover some additional money by contacting the Oregon Bureau of Labor and Industry and filing a complaint.
The lesson here is to be proactive about understanding your rights and taking steps to protect them without delay.
I signed an overtime waiver, and I want to take it back, because I didn't really understand the ramifications. How can I do that?
I copied this directly from the old contract. This has not changed with the new contract that is currently awaiting ratification. Basically this says you can change your mind at any time. You will need to notify the Payroll department in writing. You can just send a faxed or emailed note. It will not take effect until the next full pay period after they receive the notification. Hope this helps. Sarah “APPENDIX E- VOLUNTARY WAIVER OF DAILY OVERTIME I, do hereby agree to waive overtime otherwise due me for hours worked in excess of eight (8) hours per day. This waiver is for my own personal benefit and solely at my request. I agree that I will not be eligible for overtime compensation (time and one-half times my regular hourly rate of pay) except for hours worked in excess of forty (40) hours in a work week - regardless of the number of hours I work in a day within such work week. This Agreement supersedes and negates the overtime provisions of Article 37.2 of the OHSU/AFSCME Collective Bargaining Agreement for as long as this waiver remains in effect. I understand that I may cancel this waiver at any time by written notification to the OHSU Payroll Department. Any such decision shall become effective with the next full pay period following proper notification. This waiver may also be rescinded by the Department by providing the employee and the Payroll Department with notification of its termination effective with the next full pay period.”
I copied this directly from the old contract. This has not changed with the new contract that is currently awaiting ratification. Basically this says you can change your mind at any time. You will need to notify the Payroll department in writing. You can just send a faxed or emailed note. It will not take effect until the next full pay period after they receive the notification. Hope this helps.
When I work overtime my department requires me to get approval from our director in order to have my overtime work credited as comp time. Can they do that?
Yes. Under the contract overtime is paid in cash unless the employer agrees to the employee's request to have it credited as comp time. The contract places the right of approval with the employer.
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