by Melanie  Waltz, MEA Uniserv Director
Does your job require you to be available after work hours? Or work beyond your scheduled work day?
As a professional, you may be required by your supervisor to be on standby or called into report to work if your job duties include after hour emergencies. Your APA Contract has specific language regarding overtime work and payment.
If you are an APA level 8-11, and you are placed on standby, you shall be guaranteed at least (1) one hour pay at straight time or equivalent in compensatory time for every 24-hour period scheduled for standby. Upon reporting to work, APA members shall be paid for the actual time worked at the rate of time and one-half or a minimum of two (2) hours, whichever is greater. If you are required to report for emergency duty at the employer’s request, outside regularly scheduled working hours, you shall be guaranteed at least (3) hours of pay at the rate of time and one-half.
For those who do qualify for overtime, you have a right to overtime if you work in excess of 40 hours in a week. Compensatory time can be used instead of payment of overtime by mutual agreement. The APA member must agree that the time will be compensated by compensatory time not payment. If the APA member does not agree, the overtime is automatically paid as overtime wages at the rate of one and one-half hours of pay.
APA members at level 12 and above are not eligible for overtime pay. However, where unusual staffing and work requirements exist, the unit administrator may approve compensatory time off equal to the number of overtime hours worked.
The reason APA members at level 12 and above are not contractually allowed standby and call in compensation, is because the University insisted the benefit reflect the current overtime qualification and those APA members who qualify for overtime are APA level 8-11. However, changes in the Fair Labor Standards Act will have an impact on all APA members who make less than $47,476. Regardless of your APA level, if you make less than $47, 476 annually, you will be eligible for overtime beginning December 1, 2017.
To review your APA contractual provisions, go to:
http://lay.wyz.mybluehost.me/wp-content/uploads/2016/02/2015-2019-Contract.pdf
If you have further questions, don’t hesitate to ask for assistance by contacting the MSU APA office at (517) 999-4004 or email [email protected].