28 MAC Pt. 305, R. 2.3
Overtime/Special Overtime
Cite as 28 Miss. Admin. Code Pt. 305, R. 2.3
Overtime/Special Overtime
Supervisors shall establish work schedules to meet efficient, productive, and smooth Port
authority operations. Work schedules shall be established to meet Port operational requirements,
but shall, to the extent practical and feasible, be designed to avoid overtime hours. When an
employee’s supervisor determines that it is necessary, an employee will be required to work
overtime. When needed, employees shall be expected to work overtime unless an employee
notifies his or her supervisor in advance that they are unable to do so for a good and acceptable
reason, and the employee’s supervisor approves that reason.
A.
Failure to work overtime, when requested, will result in disciplinary action. Supervisors
may exclude employees from overtime.
B.
Overtime:
1.
Exempt Managerial Employees: Employees who are identified as exempt
managerial are employed on the basis that they will carry out their job functions
effectively, without regard for the time required in their performance. At the
discretion of the Executive Director, compensatory time off may be given in lieu of
all overtime worked. When it is essential that an exempt managerial employee work
during an official state holiday, the employee may receive credit for compensatory
leave.
2.
Non-exempt Employees: Employees who are identified as non-exempt shall be
entitled to overtime pay. Over-time shall be compensated as specified in Chapter
III Pay Policy.
3.
Special Overtime (Line Handling): Line Handling functions at the Mississippi
State Port Authority at Gulfport are the responsibilities of the Port Authority’s
operations, maintenance, and mechanical handling departments. All employees
within the operations, maintenance, and mechanical handling departments may be
assigned to line handling duties unless the employee has a good reason not to be
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assigned, and the employee’s supervisor has approved the reason. The Operations
Manager shall be responsible for preparing monthly schedules for employees to
perform line handling duties and responsibilities. The monthly schedule shall be
posted, indicating the employees responsible for line handling. Regardless of hours
worked, employees who are called in for line handling duties between 1801 hours
and 0659 hours shall be compensated at sixty dollars ($60.00) per vessel. Line
handling duties between the hours of 0700 and 1800 are considered “on the clock”
and will not be paid the sixty dollars ($60) per vessel call. If the line handling
duties between these hours result in overtime, then the employee is entitled to
overtime pay. Gate security and the scheduled operations personnel will maintain
records for all line handling duties and responsibilities and submit those records to
the Port Authority’s Finance Department for payroll purposes.
4.
Special Overtime (Emergency): All non-exempt employees who are called in on
an emergency basis will receive compensation for two (2) hours at a rate of time
and one-half. If the call-in requires more than two (2) hours and the total time
worked during that weekly pay period exceeds 40 hours, then all time worked on
the call-in which contributes to the over 40 hours will be credited as time and one-
half. But, if the call-in time exceeds two (2) hours and the total time worked in that
weekly pay period does not add up to 40 hours, then all time worked during the
call-in that exceeds two (2) hours will be compensated at straight time only.
5.
Change of Employee Schedule: Employees whose schedules may be changed in
advance due to operation’s necessity or other unforeseen events will be
compensated at straight time rates unless the scheduled work week runs into more
than 40 hours. Then overtime is computed for all time exceeding 40 hours.
6.
Employees on leave: Employees on leave will not normally be called in during the
leave period. However, if an emergency makes it necessary to call in an employee
on leave, his/her leave status will automatically terminate when he/she reports to
work. Double compensation (compensation for leave in addition to the call-in pay)
will not be paid. The above emergency leave termination provision does not apply
to those employees on leave under the Americans with Disabilities Act or the
Family and Medical Leave Act.