(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.