OFF-DUTY WORK Clause Samples

OFF-DUTY WORK. Unit employees that are assigned by the Fire Department to work off- duty details (i.e., studio details or other off-duty work which the City has determined to require the assignment of Fire Department employees, and for which an employer other than the City assumes responsibility for compensation to the off-duty Fire employees) shall nevertheless be considered employees of the City of ▇▇▇▇▇▇ City for purposes of workers' compensation and industrial disability retirement benefits for any injuries received during such duty.

OFF-DUTY WORK. 15.01 Any member of the Police Service agreeing to perform the duties of a Police Constable during off-duty time at any place other than the member's usual place of employment, when assigned by the Chief of Police or anyone authorized by the Chief of Police, shall be paid while performing such duties at one and one-half (1.5) times the rate of pay per hour of a First Class Police Constable (less than eight years of service), for such employment with a minimum of three hours (3) pay for each such occasion. Any member above the rank of a 1st Class Constable who performs the duties of a Supervisor on request shall receive one and one-half (1 ½) times the rate of pay per hour of a Police Sergeant, 3rd Year Rate (less than 8 years of service) for such employment, with a minimum of three hours (3) pay for each such occasion. Such off-duty time shall not be included during the calculation of overtime. 15.02 Any member of the Police Service agreeing to perform duties, as described in Article 15:01, on a day proclaimed as a Statutory Holiday shall receive a rate of pay at two (2) times the regular rate of pay. 15.03 The payment of benefits in Item 15:01 shall be payable within forty (40) days of the time worked. 15.04 In the event a member engaged in an off-duty assignment becomes involved in matters that require their attendance beyond the contracted time, such member will be entitled to overtime as outlined in items 10:02 or 10:03 with the approval of the Duty Staff Sergeant.

OFF-DUTY WORK. Provided that in the City’s judgment, assumption of the work will not adversely affect the Department, qualified members of this bargaining unit shall have the option to perform all regular Police Department work outside of regular scheduled duty hours. Private sector community organization requests for Department assistance for additional building or area security personnel for special events shall not be considered Police Department work. City shall assign or schedule to the employee deemed necessary for public safety outside all community events. For any additional security duties desired by the private sector or event sponsor, off-duty bargaining unit employees may request Department recommendation to the sponsor based on Department seniority. The Department shall not be responsible for setting rates, paying personnel or scheduling any regular employees hired for such off-duty private security work. Additional building or area security duties beyond the police officers deemed necessary for public safety may be performed by reserve officers under any Department reserve officer program that may be established.

OFF-DUTY WORK. A. It is agreed there will be a good faith effort to insure that voluntary, authorized off duty work is compensated for at not less than the Dade County Public Safety Department established off duty rate, as approved by the Chief of Police. This approved rate shall be used only for off duty work that is clearly not “joint employment” under the Federal Fair Labor Standards Act (FLSA) and the Rules and Regulations of the U.S. Department of Labor. B. Compensation for off duty work of a "joint employment" law enforcement nature shall be worked, at such other employer's expense, at not less than $65.00 per hour for Patrol Officers, and $70.00 per hour for Sergeants. However, the rate for a school detail off duty job will be $55.00 per hour for either Patrol Officers or Sergeants. The rate for any off duty job in which at least one full hour of the hours worked fall on a federally observed holiday will be $100.00 per hour for either Patrol Officers or Sergeants. C. The City will guarantee to make a good faith effort to require that an off duty police officer be hired whenever there is private contractor construction requiring the blocking of traffic on a street over which it has municipal control and jurisdiction. If the work being performed by the private contractor is being done and paid for by the City, reasonable judgment shall be used by Police Administration to determine the need for such off duty work. Off duty compensation shall be as specified for “joint employment” in preceding paragraph “B.” D. Except as specifically provided by preceding paragraph “B” or “C,” it is agreed there shall not be any arrangement for off duty police work, either paid or unpaid, or any other law enforcement secondary employment constituting or creating “joint employment,” or likely to be defined or classified as such, without full disclosure by FOP or member-employee, and prior specific approval by the Chief or Police and City Manager in addition to the management and public interest reasons for this provision, an additional purpose is to require and exercise due diligence to insure that employee off duty work which creates, or results in, off shift “joint employment” police work be properly compensated, as provided in paragraph “B,” and covered under paragraph “E.” E. Any employee who may suffer an “on-the-job injury,” while working authorized police-related off duty “joint employment” and acting in the scope of his law enforcement authority and regular employment, shall be...

OFF-DUTY WORK. Sheriff' s Department personnel shall not perform police-related duties on off-duty jobs in or out of uniform without the approval of the SHERIFF or his designee. The SHERIFF will make an effort to divide the work equally among those interested in such work. Members of the bargaining unit shall not, at any time while in uniform, work for less than their hourly base rate. An availability list will be posted stating type of work, dates, and times and locations of work to be performed. The work will be distributed as equally as possible among those on the availability list.

OFF-DUTY WORK. Any member of the Police Service agreeing to perform the duties of a Police Constable during off-duty time at any place other than the member's usual place of employment, when assigned by the Chief of Police or anyone authorized by the Chief of Police, shall be paid while performing such duties at one and one-half (1 times the rate of pay per hour of a First Class Police Constable, for such employment with a minimum of three hours (3) pay for each such occasion. Any member above the rank of Senior Constable who performs such duties on request shall receive one and one-half (1 times the rate of pay per hour of a Police Sergeant, Year Rate for such employment, with a minimum of three hours (3) pay for each such occasion. Such off-duty time shall not be included during the calculation of overtime. Any member of the Police Service agreeing to perform duties, as described in article on a day proclaimed as a Statutory Holiday shall receive a rate of pay at two (2) times the regular rate of pay. The payment of benefits in shall be payable within forty (40) days of the time worked. In the event a member engaged in an off-duty assignment becomes involved in matters that require their attendance beyond the contracted time, such member will be entitled to overtime as outlined in items or with the approval of the Duty Staff Sergeant.

OFF-DUTY WORK. Any member of the Police Force agreeing to perform the duties of a Police Constable during off-duty time at any place other than the member's usual place of employment, when assigned by the Chief of Police or anyone authorized by the Chief of Police, shall be paid while performing such duties thirty dollars ($30.00)per hour, straight time, for such employment with a minimum of three hours pay for each such occasion. Any member above the rank of Police Constable who performs such duties on request, shall receive thirty-five dollars ($35.00)per hour with a minimum of three hours (3)pay for each such occasion. Such off-duty time shall not be included during the calculation of overtime. The payment of benefits in shall be payable within sixty (60) days of the worked.

OFF-DUTY WORK a. Sergeants assigned to Detective Track Commands, as defined in Administrative Guide Procedure 320-35 and Operations Order No. 19 of 2011, shall receive a stipend of $705 per year as compensation for up to one and one-half (1.5) hours of work each week performed off-duty via phone, e-mail, text, or in any other manner. The election of compensatory time is not available for off-duty work. b. No sergeant assigned to Detective Track Commands shall spend more than one and one- half (1.5) hours per week on off-duty work without the prior approval of a superior officer. In the event this limit is exceeded under circumstances that made it impossible to obtain prior approval (e.g., as a result of an emergency), the sergeant must so notify a superior officer within 24 hours thereafter. c. No sergeant assigned to any non-Detective Track Command shall spend any time on off- duty work without the prior approval of a superior officer. If a sergeant assigned to a non- Detective Track Command is contacted off-duty by a superior officer such approval is presumed. d. Time spent receiving notifications will not qualify as off-duty work under this section. e. Other than the up to 1.5 hours per week of off-duty work described in paragraph III(a), nothing contained in paragraph III shall be used in any proceeding to establish the compensability of time worked.

OFF-DUTY WORK. Scheduled or nonscheduled employees not on standby status who are required to perform substantial work-related duties via telephone outside their regular duty hours and away from their work station shall be compensated in the event any such telephone call is initiated by the Employer. Such time worked shall be credited at a minimum of four (4) dollars or for eligible employees overtime payment shall be calculated in accordance with the provisions of this Article. The employee shall be paid whichever is greater.