Code of Federal Regulations (alpha)

CFR /  Title 44  /  Part 208  /  Sec. 208.39 Reimbursement for personnel costs incurred during Activation.

(a) Compensation. DHS will reimburse the Sponsoring Agency for costs incurred for the compensation of each Activated System Member during Activation. Reimbursement of compensation costs for Activated Support Specialists will be limited to periods of time during which they were actively supporting the Activation or traveling to or from locations at which they were actively supporting the Activation. The provisions of Sec. 208.40 of this part govern costs incurred for providing fringe benefits to System Members.

(b) Public Safety Exemption not applicable. DHS will reimburse Sponsoring Agencies for costs incurred by Non-Exempt System Members in accordance with 29 U.S.C. 207(a) of the Fair Labor Standards Act, without regard to the public safety exemption contained in 29 U.S.C. 207(k). In other words, DHS will reimburse Sponsoring Agencies on an overtime basis for any hours worked by Non-Exempt System Members greater than 40 hours during a regular workweek.

(c) Tour of duty. The tour of duty for all Activated System Members will be 24 hours. DHS will reimburse the Sponsoring Agency for salary and overtime costs incurred in compensating System Members for meal periods and regularly scheduled sleep periods during Activation. Activated System Members are considered ``on-duty'' and must be available for immediate response at all times during Activation.

(d) Regular rate. The regular rate for purposes of calculating allowable salary and overtime costs is the amount determined in accordance with Sec. 208.39(e)(1) through (3) of this subpart.

(e) Procedures for calculating compensation during Activation. A Sponsoring Agency or Participating Agency must:

(1) Convert the base hourly wage of any Non-Exempt System Member regularly paid under 29 U.S.C. 207(k) to its equivalent for a 40-hour work week;

(2) Convert the annual salary of any salaried Non-Exempt System Member to its hourly equivalent for a 40-hour workweek;

(3) Calculate the daily compensation of Exempt System Members based on their current annual salary, exclusive of fringe benefits;

(4) Calculate the total number of hours worked by each System Member to be included in the Sponsoring Agency's request for reimbursement; and

(5) Submit a request for reimbursement under Sec. 208.52 of this part according to the following table: ------------------------------------------------------------------------

And the

If the Sponsoring Agency or Sponsoring Agency Then the following

Participating Agency * * * or Participating compensation costs

(i) Customarily and usually Does not The daily

compensates Exempt System customarily and compensation

Members by paying a salary, usually grant equivalent

but not overtime, compensatory calculated under

time or other Sec. 208.39(e)(3)

form of overtime of this part for

substitute to each Activated

Exempt System Exempt System Member

members. for each full or

partial day during

Activation.(ii) Customarily and usually Customarily and The daily

compensates Exempt System usually awards compensation

Members by paying a salary compensatory equivalent

but not overtime time or other calculated under

overtime Sec. 208.39(e)(3)

substitute for of this part for

Exempt System each Activated

Members for Exempt System Member

hours worked for each full or

above a partial day during

predetermined Activation AND the

hours threshold dollar value at the

(for example, time of accrual of

the Sponsoring the compensatory

Agency time or other

customarily and overtime substitute

usually grants for each Activated

compensatory Exempt System Member

time for all based on the

hours worked duration of the

above 60 in a Activation.

given week).(iii) Customarily and usually Customarily and The daily

compensates Exempt System usually compensation

Members by paying a salary calculates equivalent

and overtime, overtime for calculated under

Exempt System Sec. 208.39(e)(3)

Members by of this part for

paying a each Activated

predetermined Exempt System Member

overtime payment for each full or

for each hour partial day during

worked above a Activation AND the

predetermined predetermined

hours threshold,. overtime payment for

each hour during the

Activation above the

previously

determined hours

threshold for each

Activated Exempt

System Member.(iv) Customarily and usually Does not For each seven-day

compensates Non-Exempt System customarily and period during the

Members by paying overtime usually grant Activation, the

after 40 hours per week, compensatory hourly wage of each

time or other Activated Non-Exempt

form of overtime System Member for

substitute to the first 40 hours

Non-Exempt AND the overtime

System members,. payment for each

Activated Non-Exempt

System Member for

every hour over 40.(v) Customarily and usually Does not For each seven-day

compensates Non-Exempt System customarily and period during the

Members according to a usually grant Activation, the

compensation plan established compensatory hourly wage

under 29 U.S.C. 207(k), time or other equivalent of each

form of overtime Activated Non-Exempt

substitute to System Member

Non-Exempt calculated under

System Members,. Sec. 208.39(e)(1)

of this part for the

first 40 hours AND

the overtime payment

equivalent for each

Activated Non-Exempt

System Member

calculated under

Sec. 208.39(e)(1)

of this part for

every hour over 40.(vi) Activates Personnel, who ................. For each seven-day

are customarily and usually period during the

paid an hourly wage according Affiliated

to the Maximum Pay Rate Activation, the

Table, hourly wage for each

Activated Affiliated

Personnel for the

first 40 hours and

one and one-half

times the hourly

wage for each

Activated Affiliated

Personnel for every

hour over 40.(vii) Activates Affiliated ................. The daily

Personnel who are customarily compensation rate

and usually paid a daily for each Activated

compensation rate according Affiliated Personnel

to the Maximum Pay Rate for each full or

Table, partial day during

the Activation.------------------------------------------------------------------------

(f) Reimbursement of additional salary and overtime costs. DHS will reimburse any identified additional salary and overtime cost incurred by a Sponsoring Agency as a result of the temporary conversion of a Non-Exempt System Member normally compensated under 29 U.S.C. 207(k) to a 40-hour work week under 29 U.S.C. 207(a).

(g) Reimbursement for Backfill costs upon Activation. DHS will reimburse the cost to Backfill System Members. Backfill costs consist of the expenses generated by filling the position in which the Activated System Member should have been working. These costs are calculated by subtracting the non-overtime compensation, including fringe benefits, of Activated System Members from the total costs (non-overtime and overtime compensation, including fringe benefits) paid to Backfill the Activated System Members. Backfill reimbursement is available only for those positions that are normally Backfilled by the Sponsoring Agency or Participating Agency during Activation. Employees exempt under the Fair Labor Standards Act (FLSA) not normally Backfilled by the Sponsoring Agency or Participating Agency are not eligible for Backfill during Activation.