WSR 98-03-052

PERMANENT RULES

PERSONNEL RESOURCES BOARD

[Filed January 16, 1998, 9:45 a.m., effective March 1, 1998]

Date of Adoption: January 8, 1998.

Purpose: This rule describes when employees are eligible to receive shift premium. This modification is for clarification to reflect current practice and board intent and define regularly scheduled.

Citation of Existing Rules Affected by this Order: Amending WAC 356-15-060.

Statutory Authority for Adoption: RCW 41.06.150.

Adopted under notice filed as WSR 97-24-042 on November 26, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 1, repealed 0.

Effective Date of Rule: March 1, 1998.

January 14, 1998

Dennis Karras

Secretary

AMENDATORY SECTION (Amending WSR 96-13-075, filed 6/18/96, effective 8/1/96)

WAC 356-15-060 Shift premium provisions and compensation. (1) Basic shift premium shall be paid in the amount specified in WAC 356-15-061. For purposes of this section, regularly scheduled means the permanently assigned work schedule/work shift, not including overtime hours, as determined by the agency.

(2) For purposes of this section, evening shift is defined as a work shift of eight or more hours which ends at or after 10:00 p.m. Night shift is defined as a work shift of eight or more hours which begins by 3:00 a.m.

(3) Full time employees shall be entitled to basic shift premium under the following circumstances:

(a) ((Employees whose assigned hours consist entirely of evening and/or night shifts are entitled to shift premium for all hours of their scheduled evening and/or night shifts and for all additional hours which are worked and compensated.)) Regularly scheduled evening and night shift employees are entitled to shift premium for all hours worked.

(b) Employees are entitled to shift premium for all regularly scheduled workshift hours after 6 p.m. or before 6 a.m.)) Regularly scheduled day shift employees are not entitled to shift premium unless:

(i) The employee's regular or temporary scheduled workshift includes hours after 6:00 p.m. and before 6:00 a.m. where no overtime, schedule change pay, or call-back compensation is received. Shift premium is paid only for those hours actually worked after 6:00 p.m. and before 6:00 a.m.

(ii) The employee is temporarily assigned a full evening or night shift where no overtime, schedule change pay, or call-back compensation is received. Shift premium is paid only for all evening or night-shift hours worked in this circumstance.

(c) ((Employees assigned to work at least one, but not all, night and/or evening shifts, are entitled to shift premium for those scheduled evening or night shifts, and for all additional hours which are worked and compensated.)) Employees regularly scheduled to work at least one, but not all, evening and/or night shifts are entitled to shift premium for those shifts. Additionally, these employees are entitled to shift premium for all hours adjoining that evening or night shift which are worked.

(4) Part-time and intermittent employees shall be entitled to basic shift premium under the following circumstances:

(a) For all assigned hours of work after 6:00 p.m. and before 6:00 a.m.

(b) For assigned full evening or night ((or evening)) shifts, as defined in subsection (2) of this section.

(5) Employees on contingency schedules do not normally receive shift premium with the exception noted in WAC 356-15-090.

(((5))) (6) Monthly shift premium rates: In cases where shift premium hours are regularly scheduled over a year, agencies may pay shift premium at a monthly rate which is equal for all months of the year. Such monthly rates shall be calculated by dividing twelve into the amount of shift premium an employee would earn in a year if the hourly rules in subsection (2) of this section were applied. This option is granted to simplify bookkeeping and is not authorized to establish shift premium rates higher or lower than those set by the board.

(((6))) (7) Shift premium and overtime: When an employee is compensated for working overtime during hours for which shift premium is authorized in this section, the overtime rate shall be calculated using the "regular rate" as defined in WAC 356-05-353.

(((7))) (8) Payment during leave and for holidays not scheduled to work: Employees eligible for shift premium for their regularly scheduled shifts will receive the same proportion of shift premium for respective periods of authorized paid leave and for holidays not worked which fall within their ((usual)) regularly scheduled shift.

[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 96-13-075, 356-15-060, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-12-086 (Order 419), 356-15-060, filed 5/28/93, effective 7/1/93; 92-14-063 (Order 406), 356-15-060, filed 6/26/92, effective 8/1/92. Statutory Authority: RCW 41.06.150. 86-12-025 (Order 248), 356-15-060, filed 5/28/86, effective 7/1/86; 86-06-017 (Order 242), 356-15-060, filed 2/24/86; 85-14-008 (Order 224), 356-15-060, filed 6/24/85; 84-14-006 (Order 207), 356-15-060, filed 6/22/84; 84-05-024 (Order 198), 356-15-060, filed 2/10/84; Order 98, 356-15-060, filed 1/13/77, effective 2/13/77; Order 86, 356-15-060, filed 5/4/76, effective 10/1/76.*]