This PML is superseded by the HR Manual and is no longer active.
PML Number
1994-068
Title
Clarification of Benefits for Excluded ("E") Employees
Date Issued
December 9, 1994
Owner
Department of Personnel Administration
Classification and Compensation Division
Contact
Classification and Compensation Division Analysts

Signed By
Mike Vargas, Section Manager
Content
Pay Letter 94-32, recently issued, provides appointing authorities discretion and authority to provide additional compensation for arduous work and emergencies when certain work conditions are present.  The pay differential is effective immediately and covers arduous work and emergency situations occurring since July 1, 1994.  Because this pay differential encompasses the pay differential for "FLSA Exempt Employee Differential for Declared Emergencies" (PL 94-18), that pay differential is being rescinded effective June 30, 1994, when this new pay differential goes into effect.
The new pay differential covers work conditions which have resulted in employees being inadequately compensated for the work they perform.  The work conditions involve an extremely heavy workload where management is not able to plan, organize or arrange work schedules to mitigate an unfair workload distribution.  The work conditions should not be viewed as "overtime."  FLSA exempt employees do not receive compensation in recognition of hours of work in excess of 40 hours per week; i.e., managers, supervisors and other FLSA exempt employees are regularly expected to work however many hours it takes to complete the job.  The pay differential is provided only when the workload significantly exceeds reasonable expectations and when informal time-off during nonpeak periods cannot be arranged.

As a reminder to appointing authorities, this pay differential is not intended as additional compensation for overtime work.  The 4C Work Week Group neither allows for nor recognizes hourly work and/or hourly compensation.  Avoidance of hourly employment practices is necessary to avoid violation of the Federal Labor Standards Act.  Recognition of overtime for these employees would constitute a violation of the assigned workweek group and could potentially cause liability for each and every hour of work in excess of a 40-hour workweek.  On this basis, the pay differential is intended only when the volume of work (irrespective of the exact number of hours) clearly exceeds the normally expected amount of work for persons in the class, and when failure to provide additional compensation causes an inequitable and unfair situation.
Questions regarding application of this pay differential should be directed to the appropriate Classification and Compensation Division analyst at the Department of Personnel Administration.