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REQUIREMENTS AND POLICIES MANUAL

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    Title:

    Hours of Work

    Publication date:

    3/11/2022

    Effective date:

    3/11/2022

    BRIEF

    Policy Summary

    This policy describes hours of work for Lawrence Berkeley National Laboratory (Berkeley Lab) employees.

    Who Should Read This Policy

    This policy applies to all non-represented employees. Represented employees should consult their collective bargaining agreement (CBA).

    To Read the Full Policy, Go To:

    The POLICY tab on this wiki page

    Contact Information

    For more information, employees may contact their division's HR Field team.
    Feedback on HR policies or procedures is welcomed. Send comments to [email protected].


    Title:

    Hours of Work

    Publication date:

    3/11/2022

    Effective date:

    3/11/2022

    POLICY

    A. Purpose

    This policy describes hours of work for Lawrence Berkeley National Laboratory (Berkeley Lab) employees.

    B. Persons Affected

    This policy applies to all non-represented employees. Represented employees should consult their collective bargaining agreement (CBA).

    C. Exceptions

    Requests that exceed what is allowed under current policy or that are not expressly addressed by current policy are considered exceptions to policy. Any request for an exception to policy requires, at a minimum, the approval of the Chief Human Resources Officer.

    D. Policy Statement

    1. Exempt Employees
      1. For compensation purposes, the workweek for a full-time exempt employee is generally considered to be 40 hours, although greater emphasis is placed on meeting the responsibilities assigned to the position than working a specified number of hours.
      2. During the workweek, an exempt employee is expected to work their regular schedule and to generally be available as business requires.
      3. To establish an appointment percentage for a part-time exempt employee, the number of hours the employee will generally be expected to work on a weekly basis as part of their regular schedule will be divided by 40 hours. In the event an exempt employee's part-time weekly pay rate is lower than the Federal Fair Labor Standards Act (FLSA) salary threshold, the exempt employee will be converted to non-exempt status.
      4. An exempt employee is paid an established salary and does not receive overtime compensation or additional compensation beyond the established salary for their position except as provided in the Overtime and Extended Workweek and Compensation policies.
    2. Non-Exempt Employees 
      1. For compensation purposes, the regular number of hours worked by a full-time, non-exempt employee is 40 hours in a workweek. Work beyond 40 hours in a week is subject to additional compensation only under the circumstances described in the Overtime and Extended Workweek policy.
      2. Meal Periods. An employee whose total workday is at least five hours will be provided with a meal period of at least 30 minutes unless the employee and their supervisor agree to waive this period or unless operational considerations require the employee to continue working during this period. An employee must be completely relieved from duty during meal periods. Meal periods are neither time worked nor time on pay status.
      3. Rest Periods. Rest periods shall be considered time worked.
        1. A full-time employee will be granted two 15-minute rest periods, one to be taken in the first half of the work day and one in the second half of the work day, unless operational considerations require the employee to continue working during these periods.
        2. A part-time employee will be granted one 15-minute rest period for each work period of three continuous hours or more, not to exceed two rest periods per day, unless operational considerations require the employee to continue working during these periods.
        3. Rest periods may not be taken at the beginning or end of the work period, and time not used for rest periods may not be accumulated to be used at a later time or date. Scheduling of rest periods is subject to the approval of the employee's supervisor. Abuse of rest periods may result in disciplinary action.
      4. Activities Before or After the Work Schedule. When Berkeley Lab requires an employee to change into or out of uniform, engage in special washing or cleaning procedures, or perform other activities on or at a Berkeley Lab facility before or after the work period, the time spent in such activities is considered time worked.
      5. Travel Time
        1. Assigned travel during an employee's normal working hours, including travel on scheduled days off, is counted as time worked. Travel time between home and the work place is not time worked.
        2. Time spent by an employee traveling from work site to work site during the workday counts as time worked.
        3. For travel that does not keep an employee away from home overnight, travel time to the first destination and from the final destination, except for the time the employee normally would spend traveling to and from the work place, counts as time worked.
        4. Travel that keeps an employee away from home overnight is counted as time worked when it occurs during an employee's normal working hours, including on scheduled days off.

    E. Roles and Responsibilities

    Managers, supervisors, and employees have the responsibility to adhere to the provisions of this policy.

    F. Definitions/Acronyms

    Term

    Definition

    Exempt employees

    Exempt employees are defined as employees who, based on their duties performed and manner of compensation, shall be exempt from the minimum-wage and overtime provisions of the Fair Labor Standards Act (FLSA). Because of hourly pay practices, an employee appointed to work a variable-time schedule in an exempt title shall be treated as a non-exempt employee subject to FLSA minimum-wage and overtime provisions. Exempt employees shall be paid an established monthly or annual salary and are expected to fulfill the duties of their positions regardless of hours worked. Exempt employees are not eligible to receive overtime compensation or compensatory time off, and are not required to adhere to strict time, record keeping, and attendance rules for pay purposes. Exempt titles are identified in title and pay plans.

    Non-exempt employees

    Non-exempt employees are defined as employees who, based on duties performed and manner of compensation, shall be subject to all minimum-wage and overtime provisions of the Fair Labor Standards Act (FLSA). Because of hourly pay practices, an employee appointed to work a variable-time schedule in an exempt job classification shall be treated as a non-exempt employee subject to FLSA minimum-wage and overtime provisions. Non-exempt employees shall be required to account for time worked on an hourly and fractional-hourly basis and are to be compensated for qualified overtime hours at the premium rate (one-and-one-half times the regular hourly rate). Non-exempt titles are identified in title and pay plans.

    Full time

    Full-time status is fixed time at 40 hours per workweek.

    Part time

    Part-time status is fixed time up to 39 hours per workweek.

    Variable time

    A schedule with no fixed percentage of time or schedule. Hours worked will vary depending on operational needs.

    G. Recordkeeping Requirements

    None

    H. Implementing Documents

    None

    I. Contact Information

    For more information, employees may contact their division's HR Field team.
    Feedback on HR policies or procedures is welcomed. Send comments to [email protected].

    J. Revision History

    Date

    Revision

    By Whom

    Revision Description

    Section(s) Affected

    Change Type

    1/2/2012

    0

    M. Bello

    Rewrite for wiki (brief)

    All

    Minor

    10/2/2014

    1

    L. Westphal

    Rewrite for wiki (policy)

    All

    Minor

    3/11/2022

    2

    W. Crosson

    Revised to align with UC policy including: (1) added section on meal periods, (2) added section on activities before or after work schedule, (3) added section on travel time, and (4) updated section on overtime for non-exempt employees to 40 hours in a workweek

    All

    Minor

    DOCUMENT INFORMATION

    Title:

    Hours of Work

    Document number

    02.06.002.000

    Revision number

    2

    Publication date:

    3/11/2022

    Effective date:

    3/11/2022

    Next review date:

    3/11/2027

    Policy Area:

    Compensation & Work Hours

    RPM Section (home)

    Human Resources

    RPM Section (cross-reference)

    Section 2.06(D)(2)

    Functional Division

    Human Resources

    Prior reference information (optional)


    Source Requirements Documents

    • University of California Personnel Policies for Staff Members (PPSM) 30: Compensation

    Implementing Documents

    None

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