Common use of Example 3 Clause in Contracts

Example 3. An employee on the 3/12.5 work schedule works a regular schedule of 75 hours in a pay period. In the previous pay period in the same 28-day work period, the employee was assigned to work 10 of the 10 “payback” hours owed to the City during a 28-day work period. In the second pay period in the same 28-day work period, the employee is assigned to work an overtime shift for an employee assigned to the 4/10 work schedule. The 3/12.5 work schedule employee shall earn overtime at time and one-half for all hours worked in excess of 75 hours in the pay period—all hours worked below 75 hours shall be compensated at the employee’s regular, hourly rate of pay. In this example, the 80-hour threshold rule for calculating overtime is superseded by the 160-hour threshold rule for the 28-day work period—the City pays regular overtime at time and one-half for all hours worked in excess of 160 hours in a 28-day work period. In the first pay period of the 28-day work period, the employee worked 75 regularly scheduled hours, plus 10 “payback” hours for a total of 85 hours—no overtime compensation was provided because the employee owed the 10 “payback” hours to the City. In the second pay period of the 28-day work period, the employee worked 75 regularly scheduled hours, plus 10 hours of assigned overtime, paid at time and one-half of the employee’s hourly, regular rate of pay. The 85 hours worked in the first pay period, plus the 85 hours worked in the second pay period equals 170 hours. The employee is paid overtime at time and one-half for all hours worked in excess of 160 hours in a pay period. Ten “payback” hours are owed to the City during each 28-day work period because the 3/12.5 work schedule employee was paid for those hours in advance at the rate of 5 hours for each of the 2 pay periods in a 28-day work period.

Example 3. An employee on the 3/12.5 work schedule works a regular schedule of 75 hours in a pay period. In the previous pay period in the same 28-day work period, the employee was assigned to work 10 of the 10 “payback” hours owed to the City during a 28-day work period. In the second pay period in the same 28-day work period, the employee is assigned to work an overtime shift for an employee assigned to the 4/10 work schedule. The 3/12.5 work schedule employee shall earn overtime at time and one-half for all hours worked in excess of 75 hours in the pay period—all hours worked below 75 hours shall be compensated at the employee’s regular, hourly rate of pay. In this example, the 80-hour threshold rule for calculating overtime is superseded by the 160-hour threshold rule for the 28-day work period—the City pays regular overtime at time and one-half for all hours worked in excess of 160 hours in a 28-day work period. In the first pay period of the 28-day work period, the employee worked 75 regularly scheduled hours, plus 10 “payback” hours for a total of 85 hours—no overtime compensation was provided because the employee owed the 10 “payback” hours to the City. In the second pay period of the 28-28- day work period, the employee worked 75 regularly scheduled hours, plus 10 hours of assigned overtime, paid at time and one-half of the employee’s hourly, regular rate of pay. The 85 hours worked in the first pay period, plus the 85 hours worked in the second pay period equals 170 hours. The employee is paid overtime at time and one-half for all hours worked in excess of 160 hours in a pay period. Ten “payback” hours are owed to the City during each 28-day work period because the 3/12.5 work schedule employee was paid for those hours in advance at the rate of 5 hours for each of the 2 pay periods in a 28-day work period.