Tips on overtime designation

by Paul Pickett, Ecology Steward

By the time you read this, you will have received a letter from Ecology’s Human Resources Office. The letter says your position was reviewed and a determination made whether you are Eligible or Exempt from receiving paid Overtime.

Your letter will tell you that nothing has changed. However almost one-third have received notice that their status has changed from OT Exempt to OT Eligible.

Your union stewards and WFSE staff representatives have been working hard on this issue for over a year. A few newsletters ago we worked out a settlement on this issue that provides a few new benefits:

• You are getting a letter letting you know about your review, regardless of how the review came out. Management previously was only notifying those whose OT status had changed.
• You are getting seven working days to provide HR with more information if you aren’t happy with the decision. This is a new benefit that will apply for this year to our agency alone, and was not previously in the contract.
• If you provided HR with new information, they will inform you how the information affected their decision, whether it changed anything or not.

Chris Parsons, Ecology’s HR Director, is going around the state giving presentations on these changes. He provides a good review of what’s going on, and we hope you will attend one or view his slides on the agency Intranet. But if you are changing from OT Exempt to OT Eligible there are some practical implications that you might need to know about, so we wanted to provide a few observations on how to manage this change:

Eligible is the norm.

First, keep in mind that in the world of Labor you should always be paid time-and-a-half overtime if you work over 40 hours per week. The history of Labor included a long battle to ensure the 40-hour week and paid overtime. That’s why the term “Exempt” is used – it should be the exception, not the norm. Ecology was unusual in the number of OT Exempt positions it had, and the agency’s liability for a U.S. Department of Labor audit led to this review.

You might prefer the flexibility of Exempt and don’t expect any Overtime.

This is true for me and for many people I talk to, and it’s one reason many Ecology staff have fought the OT Eligible designation. However, it’s been the experience of union staff that the benefits of OT Eligible designation usually outweigh the negatives. Ecology member stewards have fought for the rights of employees to have their say, regardless of which OT designation they prefer.

You might feel insulted by the Eligible designation. One of the OT Exemptions is called “Learned Professional."

HR is interpreting this to mean that if a college degree is required for your job (as designated in your Position Description Form), you get that exemption, but if a degree is not required you are OT Eligible. This is jargon from Federal Rules and you shouldn’t take it personally. The fact remains that the agency depends on your education and experience to accomplish its mission. In fact, it means you are valuable enough to get some extra pay for those long weeks in the field or preparing for a deadline.

If you are unhappy with the change, you have options:

1. Use the 7-day period to provide written documentation about why the decision was incorrect. This will take some very quick research on the rules and what you can argue.
2. Your options for a grievance are still open. However, keep in mind that this issue has already been grieved, and it’s within management’s powers to make the OT eligibility determination.
3. Work with your Supervisor to change your Position Description Form. This is the most likely way you can change your OT designation. If the PDF is changed to show a different requirement of qualifications or duties, then the position could be reviewed again for OT designation. A common situation would be if a PDF allows “experience or education”, which would usually trigger an OT Eligible designation. Changing it to a requirement for a college degree could return the position to OT Exempt status. But it might not, if positions with equivalent duties do not require a degree. Also keep in mind that the “experience or education” requirement has kept career paths open for staff without degrees to promote in the agency through on-the-job training. 
4. You could file a complaint with the Department of Labor. However, remember that Eligibility is the norm.
5.  The Department of Labor website (http://www.dol.gov/dol/topic/wages/backpay.htm) suggests that you might be able to file a claim for backpay for any hours over 40 per week that you worked for the last 3 years.

Learn what your options are and start talking with your Supervisor.

If you are now OT Eligible, you can be paid time-and-a-half for any hours over 40 per week if you have your Supervisor’s approval.  Or, if you and your Supervisor agree, you can get Comp Time instead, i.e. time-and-a-half paid time off. Either way you should be talking to your Supervisor about what situations you envision in the year ahead where you both agree you will need to work more than 40 hours for a week. You will need your Supervisor’s authorization for OT hours, although they could be authorized in a block over a project or a field season. And if you agree on Comp time, you will need to agree on when you take the time off – it has to be used before the end of June in each Fiscal Year.

You still have flexibility in your schedule.

Most Ecology employees are listed in Appendix B of the Contract, which allows you extra flexibility in your schedule. So you should be able to flex your schedule within a 40-hour work week. Also, if you are working a “9-80” alternative schedule (eight 9-hour days and one 8-hour day with a flex day off during two weeks), you can redefine your work week so the two weeks are still each 40 hours long. (Your work week might begin at noon on Friday, for example.)

Workload management and field work scheduling will be more difficult.

There’s no sugar-coating this! You will have to watch your hours carefully and work closely with your Supervisor on how to fit your work into 40 hours per week when you aren’t authorized for Overtime. This is where having a clear communication strategy and a good relationship with your Supervisor is very important.
Don’t give your time away for free.

When you are OT Exempt it’s easy to work extra hours and not book it on your time sheet. It goes against the union principle of being paid for the work and time you give to your employer. But it’s still the choice of many employees who care about the work they do. If you are OT Eligible, this is not an option. The agency is liable if you work over 40 hours and don’t pay you Overtime. And you could be subject to discipline if you work over 40 hours per week without being authorized for Overtime. Just don’t go there! Manage your time within a 40 hour work week, or work with your Supervisor on Overtime options. And enjoy the extra time you have for the rest of your life!

Give yourself some transition time.

It may take a while to work out the kinks. Talk to your Supervisor a lot and figure out what works well for your personal style.

Get help if you are having problems.

Talk to a union steward if you are confused or if you are having difficulty with your Supervisor. We want the changes to be to your benefit. And we want to problem-solve so you can continue doing your good work with minimum stress.  ■

Monosyllabic Day, June 1

Governor Gregoire today announced that June 1, 2011 would be honored as "Monosyllabic Day".

"I like Plain Talk, and want all staff to use it" she said. "On this day all staff should speak just with words of just one syl..., er, just short words." The Governor went on to say that if Monosyllabic Day was a success, she might also declare a "Short Sentence Day". "That's good too" she noted.

Summit with Ted - Stewards and UMCC representatives meet with the director

- by Kerry Graber

The sometimes difficult relationship with management seemed to turn a corner when stewards and elected representatives from across the agency met with Ted Sturdevant, Polly Zehm, Chris Parsons, and Amy Heller.  The purpose of the meeting was to find common ground and move from conflict towards a more productive relationship.

To prepare for the summit members and stewards held a number of internal discussions with members.  We went over both our issues and complaints brought to the table as causing conflict.  Some of these difficulties have been highlighted in past  bulletin articles (see Ecology Blog at www.wfse.org), issues that seemed to hit a brick wall with management when brought to the UMCC meetings.  The complaints from management's side were primarily about how the union was pursuing the interests of members, including using this bulletin as a forum to express editorial opinion.

Our internal discussions centered on agreeing to our values, and then holding up our various positions against those values to see if they were still appropriate.  Then we came up with our list of priorities and suggestions to present to Ted at the summit as opportunities for collaboration.

We were able to explain our values as we presented each opportunity to Ted during the meeting.  For example we felt we still had more ideas to offer regarding effective communication and training around the overtime eligibility audit, with the value that clear, upfront communications need to be provided to employees with "no surprises."  We renewed our request to work collaboratively on budget issues such as efficiencies and overhead costs within the agency, in order to pursue participatory management of the agency we all work for and care about.  And we suggested collaboration on training and policy development around "inappropropriate behavior" (or workplace bullying), for a safer and healthier work environment.

The discussion on the last topic stirred up a lot of questions for Ted and Polly.  They both said they were very concerned to hear our characterization of Ecology as having a management culture that allowed workplace bullying.  We gave specific examples, and the stewards were able to illustrate the nature of the problem and the challenge we have representing people who are afraid to come forward in a bullying situation.

Ted wrapped up the meeting by agreeing to provide feedback on these offers of collaboration at the next UMCC meeting (to take place as soon as the legislative session is complete).  He also said he would plan on attending the UMCC meetings as a rule.

Next UMCC meeting scheduled for June 10, 2011.