[NCASG] Shift Differential Policy/Language
Rachel Baker
rbaker at admin.nv.gov
Wed Feb 8 12:29:28 MST 2023
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Good morning, all! Here are Nevada’s regulations. Let me know if you need anything else.
NAC 284.210 Differential rate of pay for qualifying shift. (NRS 284.065<https://protect-us.mimecast.com/s/7rgmCZ6nG0UXz9gguzDUxb?domain=leg.state.nv.us>, 284.155<https://protect-us.mimecast.com/s/ECY0C1wNp4uL8NGGCGrr4n?domain=leg.state.nv.us>, 284.175<https://protect-us.mimecast.com/s/HFczC2kNqWU07z33CBrGwk?domain=leg.state.nv.us>)
1. Except as otherwise provided in subsection 2, an employee must be paid 2 hours of call back pay at the rate of time and one-half of his or her normal rate of pay if his or her employer calls the employee back to work during his or her scheduled time off without having notified him or her before the completion of his or her last normal working day. For each additional hour that such an employee works after the 2 hours for which he or she is paid call back pay, the employee must be paid overtime at the rate of time and one-half of his or her normal rate of pay if he or she is eligible pursuant to NRS 284.180<https://protect-us.mimecast.com/s/ZH7_C31XrwuWZzKKsDus64?domain=leg.state.nv.us>.
2. Subsection 1 does not apply to any:
(a) Employee who is called into work while on standby status.
(b) Exempt classified employee or exempt unclassified employee.
(c) Employee who works part-time or intermittently unless he or she has worked 8 hours in 1 calendar day.
(d) Employee who performs duties pursuant to an understanding with the agency whereby the employee is given discretion as to performance of the duties and the duties are initiated by the action of the employee. In such a case, the employee receives compensation at the appropriate rate only for the actual time spent in the performance of those duties.
(e) Employee who is not required to leave the premises where he or she is residing or located at the time of notification in order to respond to a call.
(f) Employee who is called back to work if:
(1) The work begins 1 hour or less before or after his or her scheduled work shift;
(2) The time for beginning the work is set at the employee’s request; or
(3) The work begins during the same 2-hour period previously paid for call back pay.
3. An employee who is required to appear as a witness in court or at an administrative hearing:
(a) During his or her regularly scheduled time off; and
(b) Concerning a matter which relates directly to his or her job,
Ê must be paid 2 hours of call back pay at the rate of time and one-half of his or her normal rate of pay. For each additional hour after the 2 hours for which he or she is paid call back pay, the employee must be paid overtime at the rate of time and one-half of his or her normal rate of pay if he or she is eligible pursuant to NRS 284.180<https://protect-us.mimecast.com/s/ZH7_C31XrwuWZzKKsDus64?domain=leg.state.nv.us>. If he or she receives a witness fee as well as this compensation, the employee shall remit the witness fee to the agency by which he or she is employed.
NAC 284.214 Compensation for being called back to work; compensation for person required to appear as witness. (NRS 284.065<https://protect-us.mimecast.com/s/7rgmCZ6nG0UXz9gguzDUxb?domain=leg.state.nv.us>, 284.155<https://protect-us.mimecast.com/s/ECY0C1wNp4uL8NGGCGrr4n?domain=leg.state.nv.us>, 284.175<https://protect-us.mimecast.com/s/HFczC2kNqWU07z33CBrGwk?domain=leg.state.nv.us>)
1. Except as otherwise provided in subsection 2, an employee must be paid 2 hours of call back pay at the rate of time and one-half of his or her normal rate of pay if his or her employer calls the employee back to work during his or her scheduled time off without having notified him or her before the completion of his or her last normal working day. For each additional hour that such an employee works after the 2 hours for which he or she is paid call back pay, the employee must be paid overtime at the rate of time and one-half of his or her normal rate of pay if he or she is eligible pursuant to NRS 284.180<https://protect-us.mimecast.com/s/ZH7_C31XrwuWZzKKsDus64?domain=leg.state.nv.us>.
2. Subsection 1 does not apply to any:
(a) Employee who is called into work while on standby status.
(b) Exempt classified employee or exempt unclassified employee.
(c) Employee who works part-time or intermittently unless he or she has worked 8 hours in 1 calendar day.
(d) Employee who performs duties pursuant to an understanding with the agency whereby the employee is given discretion as to performance of the duties and the duties are initiated by the action of the employee. In such a case, the employee receives compensation at the appropriate rate only for the actual time spent in the performance of those duties.
(e) Employee who is not required to leave the premises where he or she is residing or located at the time of notification in order to respond to a call.
(f) Employee who is called back to work if:
(1) The work begins 1 hour or less before or after his or her scheduled work shift;
(2) The time for beginning the work is set at the employee’s request; or
(3) The work begins during the same 2-hour period previously paid for call back pay.
3. An employee who is required to appear as a witness in court or at an administrative hearing:
(a) During his or her regularly scheduled time off; and
(b) Concerning a matter which relates directly to his or her job,
Ê must be paid 2 hours of call back pay at the rate of time and one-half of his or her normal rate of pay. For each additional hour after the 2 hours for which he or she is paid call back pay, the employee must be paid overtime at the rate of time and one-half of his or her normal rate of pay if he or she is eligible pursuant to NRS 284.180<https://protect-us.mimecast.com/s/ZH7_C31XrwuWZzKKsDus64?domain=leg.state.nv.us>. If he or she receives a witness fee as well as this compensation, the employee shall remit the witness fee to the agency by which he or she is employed.
NAC 284.218 Compensation for standby status. (NRS 284.065<https://protect-us.mimecast.com/s/7rgmCZ6nG0UXz9gguzDUxb?domain=leg.state.nv.us>, 284.155<https://protect-us.mimecast.com/s/ECY0C1wNp4uL8NGGCGrr4n?domain=leg.state.nv.us>, 284.175<https://protect-us.mimecast.com/s/HFczC2kNqWU07z33CBrGwk?domain=leg.state.nv.us>)
1. A nonexempt employee in the classified service of the State is on standby status when he or she is:
(a) Directed to remain available for notification to work during specified hours;
(b) Prepared to work if the need arises;
(c) Able to report to work within a reasonable time;
(d) Directed by his or her supervisor to carry a paging device, provide a telephone number where he or she may be notified or provide any other acceptable means for notification; and
(e) Allowed to use the time during which he or she is waiting for notification to work for his or her personal pursuits.
2. When a nonexempt employee in the classified service of the State who is on standby status begins the performance of his or her regular duties after receiving notice to work, he or she ceases to be on standby status and qualifies for straight time or overtime pay, whichever is applicable, for the actual time worked. Upon completion of the work, he or she returns to standby status for the remainder of the time he or she has been directed to be available to work.
3. A nonexempt employee in the classified service of the State is entitled to receive additional pay, or equivalent compensatory time off, at the rate of 5 percent of his or her normal rate of pay for every hour he or she is on standby status.
4. Cash payment is the preferred method of compensation pursuant to this section, but compensatory time off, not to exceed the maximum allowed pursuant to subsection 3 of NAC 284.250<https://protect-us.mimecast.com/s/rKfPC4x3vLtRrK55hV90qj?domain=leg.state.nv.us>, must be granted in lieu of cash payment if the employee requests compensatory time and the agency approves the request.
5. Any class designated by statute as a 24-hour class does not automatically qualify for this additional pay.
Rachel Baker, Personnel Analyst
State of Nevada Department of Administration
Division of Human Resource Management
Compensation, Classification and Recruitment Section
work: (775) 684-0144
fax: (775) 684-0122
From: Pickett - DPA, Terry <terry.pickett at state.co.us>
Sent: Wednesday, February 08, 2023 8:58 AM
To: Reynolds, Kim <Kim.Reynolds at oa.mo.gov>
Cc: NCASG Surveys (dhr_ncasg_survey_list at admws.idaho.gov) <dhr_ncasg_survey_list at admws.idaho.gov>
Subject: Re: [NCASG] Shift Differential Policy/Language
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________________________________
Good morning everyone. Here is Colorado's information.
Partnership Agreement
Pay Differentials and Stipends
Shift Differential Pay
A. Shift Differentials will be paid to Employees in eligible classes as published in the State’s annual pay plan. State Entities may also designate and document eligibility for individual positions in classes not published.
B. Shift Differentials do not apply to any periods of paid leave.
C. If hours are evenly split between shifts, the higher shift differential rate applies to all hours worked during the shift.
D. Weekend shift differential of 20% shall be paid for all hours worked when more than half of the scheduled shift hours fall on a weekend shift that starts at 4:00 pm Friday evening through 6:00 a.m. Monday. Shift Differential Pay
E. Second shift differential of 7.5% shall be paid for all hours worked when half or more of the scheduled work hours fall between 4:00 p.m. and 11:00 p.m. Monday through Thursday.
F. Third shift differential of 14% shall be paid for all hours worked when half or more of the scheduled work hours fall between 11:00 p.m. and 6:00 a.m. Monday through Thursday.
Board Rules
Other Premium Pay
3-43. Shift Differential is additional pay beyond base pay for employees working shifts. Eligible classes are published in the annual pay plan. Department heads may designate eligibility for individual positions in classes not published and shall maintain records for such cases. Shift differential does not apply to any periods of paid leave. Second shift rate applies when half or more of the scheduled work hours fall between 4:00 p.m. and 11:00 p.m. Third shift rate applies when half or more of the scheduled work hours fall between 11:00 p.m. and 6:00 a.m. If hours are evenly split between shifts, the higher shift differential rate applies to all hours worked during the shift. (1/1/18)
3-44. Call Back applies when an eligible employee is required to report to work before the start or after the end of a scheduled shift. If there is no release from work between the call back hours and regular shift, it is considered a continuation of the shift and call back does not apply. When call back applies, a minimum of two (2) hours of the employee’s regular base pay is guaranteed. Eligible employees are those who are eligible for overtime, and any call back time is counted as work time. Employees exempt from overtime are also eligible when approved by a department head. (1/1/18)
3-45. On Call is additional pay beyond base pay for employees specifically assigned, in advance, to be accessible outside of normal work hours and where freedom of movement and use of personal time is significantly restricted. Eligible classes and the rate are published in the annual pay plan. A department head may designate eligibility for individual positions in classes not published and maintain records of such on-call designations. Only time while actually on call shall be paid at the special rate. In call back situations, employees eligible for both on call and call back pay shall receive call back pay only. (1/1/18)
Thank you so much
Terry Pickett
Compensation & Classification Analyst
[https://protect-us.mimecast.com/s/o8TBC5y4wLFwAL99u8bJcz?domain=linkprotect.cudasvc.com]
P. 303.866.4250~ F. 303.866.2021
1525 Sherman Street, #221B, Denver, CO 80203
terry.pickett at state.co.us<mailto:terry.pickett at state.co.us> ~ https://protect-us.mimecast.com/s/JTQXC68Nx9UZXYmmCBjBgL?domain=colorado.gov
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On Wed, Feb 8, 2023 at 9:21 AM Reynolds, Kim <Kim.Reynolds at oa.mo.gov<mailto:Kim.Reynolds at oa.mo.gov>> wrote:
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________________________________
Good morning –
Fellow NCASG members, the State of Missouri has a bill currently working its way through an emergency supplemental legislative session. Part of this bill, if approved, would provide a $2 shift differential to team members in our congregate care 24/7 facilities working evening or night shift. Our division has been tasked with creating language that would provide some limitations on what hours are truly considered evening and night. We have several departments that have 24/7 facilities and not all of their shift start/stop at the same time.
If your state currently has shift differentials for evenings and/or nights, could you please provide me with one or both of the following:
1) The language that outlines what hours are covered by the shift differential
AND/OR
2) Any policy language your state has regarding shift differentials.
Since this is an emergency supplemental, it will likely move fast through the legislative process. We would greatly appreciate responses by close of business Friday, December 10. I apologize for the quick turnaround time, but we are preparing for a meeting early next week.
Appreciate all of you, and have a great rest of your week! J
Thanks,
[cid:image001.png at 01D93BAF.31F02E80]
Kim Reynolds
Manager of Classification & Compensation
State of Missouri | Office of Administration | Division of Personnel
(573) 751-1665 | kim.reynolds at oa.mo.gov<mailto:kim.reynolds at oa.mo.gov>
How did we do? https://protect-us.mimecast.com/s/AppZC9rNAgCr8EqqFQSU5m?domain=oacares.mo.gov<https://protect-us.mimecast.com/s/YhVHC0R7oLfYjwBBspZOj2?domain=linkprotect.cudasvc.com>
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