Court Overtime Clause Samples

Court Overtime. An employee who is required to make a work-related court appearance that is not contiguous to their regular work shift, shall be compensated for the actual hours worked or four (4) hours, whichever is greater, at the contractual overtime rate. If an employee’s work-related court appearance is cancelled after he/she reports to court, the employee shall receive the four (4) hour minimum compensation. If the appearance extends beyond four (4) hours, the member shall be compensated on an hour-per-hours basis to the nearest fifteen (15) minute increment. Actual hours worked for purposes of this section shall include court preparation time, travel time between the Department and court and any break in the court session, including but not limited to lunch periods. Court overtime compensation will terminate when employee’s normally-scheduled work shift begins. At no time will an employee be paid twice for the same work hours. If the employee has overlapping court appearances, the employee will be paid for the true hours worked or the four (4) hour minimum compensation, whichever is greater.

Court Overtime. (a) When an Employee is required to attend court during his/her normal tour of duty and is prevented from going off duty at his/her normal time, time in excess of his/her normal tour of duty shall be credited at time and one-half (1½). (b) When an Employee is required to attend court immediately before his/her tour of duty, he/she shall be paid from the time he/she is required to report for court until he/she reports for duty at the rate of time and one-half (1½). (c) When an Employee is required to attend court on his/her off-duty hours, he/she shall receive in compensation thereof four (4) hours court time at time and one-half (1½) for each morning, afternoon or evening attendance. (d) When an Employee is required to attend an inquest and when the inquest continues past 00:30 hours, the Employee shall be entitled to an additional four (4) hours pay at time and one-half (1½) over and above his/her entitlement under 8:02 (c) above.

Court Overtime. 1. Employees covered by this Agreement who are required to appear in court on authorized Fire Department business during their off-duty hours shall be compensated in cash as follows: a. Each court appearance less than or equal to two hours in duration shall be compensated at straight time rates (1x) computed on the basis of the employee's hourly rate of pay for the average work week in effect as established under the HOURS OF WORK Article of this Agreement; however, a minimum of two hours' pay at straight time rates (1x), computed as above, shall be granted an employee covered by this Agreement when he/she is officially required to appear in court on his/her own time, provided he/she is excused before completing the two-hour minimum. b. Each court appearance greater than two hours in duration shall be compensated at straight time rates (1x) for the first two hours of such appearance and at a rate of time and one-half (1½x) for all time beyond the first two hours of such appearance. Such compensation shall be computed on the basis of the employee's hourly rate of pay for the average work week in effect as established under the HOURS OF WORK Article of this Agreement. c. Notwithstanding the foregoing, within any court appearance, all court-ordered lunch time shall be unpaid. 2. Except as provided in subsection 1.a. of this Article (two-hour minimum), above, such pay shall be granted for each actual hour or nearest 0.1 of an hour spent in court beginning at the time the employee appears in court and ending at the time the employee is released by the court. 3. Employees compensated for a court appearance under the provisions of this Article shall be required to turn over to the City any witness fees received for such appearance and make no subsequent claim for them whatsoever. 4. Any payment made under the provisions of this Article shall not have any sum deducted for pension benefits nor shall such payments be included in the determination of pension benefits or other fringe benefits. 5. Application of the provisions of this Article shall not result in pyramiding of the compensation provided herein with any other compensation to which employees would otherwise be eligible for either under this Agreement or by any other means. 6. Administration and control of the provisions of this Article shall be by the City.

Court Overtime. (1) This Section applies when an employee is subpoenaed to appear in the litigation of a public offense in their capacity as an employee of the City of Sacramento. For the purposes of this Section "subpoenaed to appear" shall be defined as being served with a subpoena in California Penal Code Sections 1326 through 1332, or a "subpoena request form" used by the Sacramento Police Department. (2) When an employee is subpoenaed to appear in court and is not scheduled to be on duty, during the time of their appearance, upon reporting to the court the employee will receive a minimum of four (4) hours pay at time and one-half the employee’s base rate of pay, plus applicable incentives, or the actual amount of time spent in court, whichever is greater. (3) When such court appearance on off-duty time requires the employee to be in attendance before and after the lunch recess, such lunch time will be included in determining the employee's court overtime pay. (4) When an employee works a graveyard shift that ends at or after 7:00 a.m., and is required to make a morning court appearance on the same day, the employee shall receive court overtime pay at time and one- half the employee’s base rate of pay, plus applicable incentives, beginning at the end of the employee’s shift. The employee shall use the time to the maximum extent possible to travel to and prepare for the court appearance. (5) When the employee's court appearance is scheduled within two (2) hours prior to the beginning of the employee's work hours, the employee will be compensated at the rate of time and one-half the employee’s base rate of pay, plus applicable incentives, for a minimum of two (2) hours for such court appearance. (6) When an employee is on vacation more than two hundred (200) miles from Sacramento and the vacation is interrupted by a court appearance, the employee shall be paid a minimum of four (4) hours pay at the rate of double time for such court appearance, and shall be given an additional vacation day for each day at court appearance and travel time, if such travel time is at least one full day. (Travel time is defined as seven (7) hours.) However, for an employee to be eligible for compensation under this subsection the employee must, upon receiving the subpoena, notify both their immediate supervisor and the Court Liaison Office of the scheduled vacation/court appearance conflict.

Court Overtime. 20.1.1 Court overtime is defined as that overtime worked in connection with an assigned appearance before any criminal of civil court, Police Review Commission meeting or Board of Inquiry, Department Board of Review, and any other specially approved appearance on behalf of another City department or commission. 20.1.2 Unless otherwise approved by a Commanding Officer, all court overtime shall be paid. 20.1.3 A sworn employee who makes an off-duty court appearance shall receive a minimum of four (4) hours overtime unless their scheduled duty reporting time, regular shift or overtime shift is less than four hours after the scheduled court appearance in which case the employee will receive overtime in the lesser amount. 20.1.4 Overtime spent conferring with the prosecuting attorney will be considered as court overtime and part of the court session only if the employee's presence is required in court after the conference. 20.1.5 For off-duty, out-of-town court appearances, travel constitutes court overtime and is determined by the round-trip time from the Hall of Justice. 20.1.6 To receive court overtime credit, an employee shall submit an Extraordinary Duty Report. 20.1.6.1 Subpoena should be attached and case number indicated if either or both are available. 20.1.6.2 Report is to be completed by the employee and should specify the amount of time required for "testifying/conferring," "time waiting," or if "not needed." 20.1.6.3 The employee's supervisor shall review the report for accuracy and complete the lower boxed area, indicating the court paid overtime budget code, the Activity Code and the proper project designation.

Court Overtime. 1. Unit employees covered by this agreement shall be guaranteed a minimum of two (2) hours overtime pay for court time provided that such overtime work meets the following conditions.

Court Overtime. Time spent either off duty or contiguous with a duty day before or after a shift for the purpose of conferring with members of the District Attorney's office or appearing in court when subpoenaed as a witness in a District matter.

Court Overtime. The duration of the employee's court overtime appearance beginning at the time the employee is required to be in court, ending at the time the employee is released by the court and including a reasonable amount of time for the employee to get to and from his/her parked vehicle. An employee assigned to the early shift on a regular basis who receives City-paid parking hereunder as a result of a court appearance during his/her off-duty hours shall also be entitled to an extension of such parking until the end of his/her assignment on that date if he/she is assigned to early shift duty on that date and the conclusion of the court appearance falls within two hours of the start of his/her shift.

Court Overtime. 15.01 Court time shall be deemed to be time spent by employees in their off-duty hours in attendance in court, Examination of Discovery, civil trial, inquest inquiry or departmental trial or Hearings or any time spent as a result of their service to the department, in litigation of any description save if they are involved in their personal capacity. 15.02 Court time shall also refer to time spent in court in any jurisdiction, if the reason for the court appearance relates to circumstances arising during a member’s tour of duty, but shall not include litigation for personal reasons. 15.03 Employees who, when off-duty, are required to give evidence in court shall be paid time and one-half with a minimum of four (4) hours for each call. Employees required to attend morning court after they have worked the 12 Midnight to 8:00 a. m. shift shall be entitled to court time pay commencing at 8:00 a.m. In the event that employees are required to attend morning court after they have worked the 6:00 p.m./6:00 a.m. or the 7:00 p.m./7:00 a.m. shifts, they shall be entitled to court time pay commencing at the end of their regular shift, either 6:00 a. m. or 7:00 a.m. 15.04 When employees are required to attend such court on any occasion during their annual vacation, they shall, within twenty-four (24) hours of being advised of their required attendance in court, advise a Senior Officer that they have been required to so attend. They shall then be granted two (2) extra days leave in compensation for each day or portion thereof. 15.05 Retired employees who are subpoenaed to attend court as defined in Article 15.01 will be entitled to a lump sum payment of $200.00 per day, (less deductions required by law) for such attendance.