Caltrans Agrees to Pay Exempt Employee for Standby
Updated September 29, 2009
After the filing of a grievance, Caltrans agreed to pay an exempt employee - a Systems Software Specialist III - compensation for standby duty. Originally the department argued the employee was not eligible for compensation, as he is exempt from overtime under the Fair Labor Standards Act and "therefore is expected work as many hours as necessary to provide public services."
Mark Swabey, a Local 1000 steward and Unit 1 employee at Caltrans, successfully argued that, under Articles 19.11 and 19.12 of the Local 1000 contract, the employee was eligible for the additional compensation.