It is the policy of the Department of General Services (DGS) to comply with the rules and regulations set forth by the California Department of Human Resources (CalHR) and set forth in Pay Differential 62 – Arduous Pay (FLSA Exempt Employee Differential) Units 1, 7, 9, 10, 17, 19, 21 and Excluded Employees.

Note: Except for Unit 1, DGS will not submit arduous pay requests to CalHR. CalHR decisions to deny arduous pay shall not be subject to the grievance or arbitration provisions of this agreement.

At the discretion of DGS, excluded employees who are exempt from the Fair Labor Standards Act (FLSA) shall be eligible to receive the differential when performing arduous work that exceeds the normal demands of State service employment. Excluded employees, except CEAs and Exempts, are eligible for this pay differential for up to four months per fiscal year (or per event for emergencies involving loss of life or property).

Represented employees who are exempt from FLSA and assigned to Work Week Group E and SE shall be eligible to receive the differential when there is no other way to recognize the performance of additional duties and responsibility, which clearly exceed the normal demands of an employee’s classification/position. Employees in Units 1, 7, 10 and 21 shall be eligible for this pay differential for up to four months per fiscal year (or per event for emergencies involving loss of life or property).

DEFINITIONS

FLSA EMPLOYEES
Employees covered by FLSA are considered to be hourly employees. The paychecks of FLSA employees are for working 40 hours in a workweek. FLSA employees meeting specific criteria are eligible for overtime pay at a rate of one and one-half times his/her normal rate of pay.

FLSA EXEMPT EMPLOYEES
Employees exempt from FLSA are considered salaried, not hourly employees. These employees are expected to work as many hours as needed to provide the services for which they were hired. Employees exempt from FLSA are not eligible for overtime pay. However, if the employee is required, due to unusual conditions, to consistently exceed 40-hours a week, a request for a pay differential for extremely arduous work and emergencies may be processed. This pay differential is limited to $300 per workweek, up to $1200 per pay period. In no case will an eligible employee receive this pay differential for more than four (4) months, for a total of $4800 in a fiscal year.

ARDUOUS WORK
CalHR has defined “arduous work” as unavoidable work, with a nonnegotiable deadline or extreme urgency, that exceeds the normal workweek and productivity, and that involves extremely heavy workload.

DECLARED EMERGENCY
A declared emergency is defined as a gubernatorial or presidential declaration of a state of emergency. Employees qualifying for the arduous pay differential are those in Work Week Group “E” who are designated “M”, “S”, or “C”.

Procedure

The table below outlines the roles and responsibilities when processing requests for arduous pay.

ROLE RESPONSIBILITY
Employee/Program Manager/Office Chief

Requests the arduous pay differential by preparing the Arduous Work Pay Request (GS 912), which identifies the information required for arduous pay consideration.

The request must comply with ALL criteria in order to receive the pay differential (See Section 14.62.2 of the Pay Scales). The request shall be submitted after the work is completed.

Office Chief Forwards the completed GS 912 to his/her Employee Resource Liaison (ERL) who ensures that all conditions are present that warrant the pay differential.
Employee Resource Liaison Forwards request to the Classification and Pay (C&P) Analyst for review.
Classification & Pay Analyst

Ensures that all conditions that warrant the pay differential are present, and if so, forwards to the Chief, Office of Human Resources (OHR) for approval.

If approved by the OHR Chief, forwards a signed copy to the employee, Program Manager, Office Chief, ERL, and employee’s Official Personnel Folder (OPF) for audit purposes.

Forwards approved document to Personnel Specialist for processing.

Personnel Specialist Refer to the general provisions of the pay differential, review the document for required signatures and generate the pay.

Resources

Responsible Control Agency

  • California Department of Human Resources

Laws and Regulations

  • CalHR Rule 599.623

Other Resource Materials

Contact

Classification and Pay Unit

Department of General Services
Office of Human Resources

707 3rd Street, 7th Floor
West Sacramento, CA 95605
Contact your assigned Classification and Pay Analyst.