HRDG 4500a - APHIS Imports and Exports Overtime Interpretation - Section A

Inside Metropolitan Area - Non-workday

• Multiple Assignments

Inside Metropolitan Area - Workday

• Single Assignments
• Multiple Assignments
• Continuous Service with Call Out

Outside Metropolitan Area - Non-workday

• Multiple Assignments
• Multiple Assignments, Multiple CTT rates

Outside Metropolitan Area - Workday

• Work Begins or Ends within TOD
• Work Begins within 59 Minutes Before or 29 Minutes After TOD

Both Inside and Outside Metropolitan Area

• Multiple Assignments - Non-workday
• Multiple Assignments - Workday

Covering Separate Days

• Multiple Assignments
• Continuous Service with Call Out

Assignments of Extended Duration

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CALL OUT ASSIGNMENTS
Inside Metropolitan Area - Non-workday
Multiple Assignments

Example 1:

Officer works the following on a Saturday (non-workday).

Rationale:

Multiple call out rule applies. A/C 1 and A/C 2 are prorated together as continuous time 1100-1300 (2 hours) and stated in APHIS Directive 402.3 (46.44 KB), Attachment 3, paragraph G.1. A/C 3 is then paid under APHIS Directive 402.3 (46.44 KB), Attachment 3, paragraph G.2.b., as a full call out because it arrived 3 hours or more after the beginning of the first job. The April 7, 1986 memorandum from A. Smith also supports this position.

Example 2:

Officer works the following on a Saturday (non-workday).

Rationale:

Multiple call out rule applies. A/C 1 and A/C 2 are defined under APHIS Directive 402.3 (46.44 KB), Attachment 3, paragraph G.1., and prorated as one assignment because their ETA's are within the first 2-hour minimum. A/C 3 is defined and paid in accordance with APHIS Directive 402.3 (46.44 KB), Attachment 3, paragraph G.2.b., because it has arrived 3 hours after the beginning of the first job.

Example 3:

On a Saturday (non-workday) officer works the following aircraft inside the metropolitan area.

Rationale:

Multiple call out rule applies between A/C 1 and A/C 2 See APHIS Directive 402.3 (46.44 KB) , Attachment 3, paragraph G.2.a. There is a break in service between A/C 1 and A/C 2. In this case, the ATA of A/C 2 is the limiting factor. Because the ATA is less than 3 hours from the beginning of the first job, only ½ CTT is paid for A/C 2.

Example 4:

On a Saturday (non-workday), officer works the following aircraft inside the metropolitan area. For aircraft 2, if officer arrived at 1530, how is start time reported on overtime documents?

Rationale:

The start time of 1530 is recorded on overtime documents for A/C 2 because this is when work was started.

Example 5:

On a Saturday (non-workday), officer works the following aircraft inside the metropolitan area. Aircraft 2, original ETA was 1530 and at 1515 officer gets new ETA of 1630.

Rationale:

The multiple call out rule applies between A/C 1 and A/C 2 as stated in APHIS Directive 402.3 (46.44 KB) , Attachment 3, paragraph G.2.b. By establishing a new ETA for A/C 2, the official ETA and/or starting time for A/C 2 is now 3 hours or more from the start of A/C 1. Therefore, as stated in the APHIS Directive 402.3 (46.44 KB) cited above, entitlements for A/C 2 will include another full CTT and 2-hour minimum.

Example 6:

On a Saturday (non-workday), an officer is assigned to inspect 5 produce trucks on the Mexican border. The assignment starts at 1000.

Rationale:

Assuming that the ETA for all the trucks was 1000, and all trucks had arrived within the 2-hour minimum and were being presented for inspection, all the trucks would be inspected as one continuous job according to APHIS Directive 402.3 (46.44 KB), section V, paragraph C.1., and section V, paragraph G. The 1210 ATA for truck 5 would not be considered a break in service in this situation because the truck was available for inspection and in the process of being presented.

** If the 5th truck had not arrived within the 2-hour minimum and the ETA was changed to 1210, the entitlement for inspection of truck 5 would be an additional 2-hour minimum and ½ CTT based on the multiple call out rule. See APHIS Directive 402.3 (46.44 KB), Attachment 3, paragraph G.2.a.

Example 7:

On a Saturday (non-workday), an officer is assigned to inspect 5 produce trucks on the Mexican border. The assignment starts at 1000. The broker tells the officer at 1015 of a sixth truck with an ETA of 1111. The ATA for the sixth truck is 1111 and work on this truck is completed at 1134.

Rationale:

Assuming that the ETA for all the trucks was 1000, and all trucks had arrived within the 2-hour minimum and were being presented for inspection, all the trucks would be inspected as one continuous job according to APHIS Directive 402.3 (46.44 KB), section V, paragraph C.1., and section V, paragraph G. The 1210 ATA for truck 5 would not be considered a break in service in this situation because the truck was available for inspection and in the process if being presented. Since the additional truck arrived while the inspections were in progress, no additional time was incurred.

Example 8:

On a Saturday (non-workday), an officer is assigned to inspect 5 produce trucks on the Mexican border. The assignment starts at 1000. The broker tells the officer at 1015 of a sixth truck with an ETA of 1235. This truck is inspected and released at 1250.

Rationale:

Assuming that the ETA for all the trucks was 1000, and all trucks had arrived within the 2-hour minimum and were being presented for inspection, all the trucks would be inspected as one continuous job according to APHIS Directive 402.3 (46.44 KB), section V, paragraph C.1., section V, paragraph G. Since truck 6 arrived after the original inspections were completed, an additional callout is justified. APHIS Directive 402.3 (46.44 KB), Attachment 3, paragraph G.2.

Example 9:

On a non-workday an officer is assigned a cargo clearance for 0800. The cargo is not made available until 1000 and the inspection is completed at 1030.

Rationale:

Officer is entitled to full CTT and 2 ½ hours overtime from 0800-1030, according to APHIS Directive 402.3 (46.44 KB), Attachment 2, paragraph C., Footnote [c]; and Attachment 3, paragraph G.1. This is considered as continuous OT. NOTE: Cargo Inspections--Once the 2-hour minimum has been met, if the cargo has not been presented for inspection and a new ETA has not been provided, the officer is not expected to remain at the job site.

Example 10:

On a non-workday an officer is assigned a cargo clearance for 0800. The cargo is not available, and a new ETA of 1000 is given at 0950. Inspection is completed at 1030.

Rationale:

The multiple call out rule applies. Officer is entitled to full CTT and a 2-hour minimum from 0800-1000. According to APHIS Directive 402.3 (46.44 KB), Attachment 3, paragraph G.2.a., the officer is entitled to an additional 2-hour minimum and ½ CTT for the work performed between 1000-1030.

CALL OUT ASSIGNMENTS
Inside Metropolitan Area - Workday
Single Assignments

Example 11:

On a workday an officer is assigned to inspect a vessel at 1700. Officer leaves the port and arrives at the vessel site at 1645. The agent meets the officer at the dock at 1645 and cancels the job.

Rationale:

Officer reported to worksite and agent canceled on arrival at 1645. No CTT is authorized since job was canceled at 1645 by agent on site. APHIS Directive 402.3 (46.44 KB), section V, paragraph C.1., section V, paragraph G.1., and Attachment 2, paragraph A.2.

Example 12:

On a workday an officer is assigned to inspect a vessel at 1700. The officer remains at the PPQ office and the agent calls and cancels at 1645.

Rationale:

No entitlement since the officer did not report to worksite prior to the job being canceled. APHIS Directive 402.3 (46.44 KB), section V, which refers to provisions of Title 5, U.S. Code. Further information is contained in 5 Code of Federal Regulations (CFR) Sections 550.111 (a) (2) and 550.112 (h).

Example 13:

On a workday an officer is assigned to inspect a vessel at 1700. The officer goes home and the supervisor calls him/her at home at 1645 to inform him/her that the assignment was canceled.

Rationale:

No entitlement since the officer did not report to worksite prior to the job being canceled. APHIS Directive 402.3 (46.44 KB), section V, which refers to provisions of Title 5 U.S. Code. Further information is contained in 5 CFR sections 550.111 (a) (2) and 550.112 (h).

CALL OUT ASSIGNMENTS
Inside Metropolitan Area - Workday
Multiple Assignments

Example 14:

On a workday, an officer reports to clear a vessel at 1730 as ordered. The vessel has not arrived and a new ETA of 1915 is given by agent. The officer has a second assignment at 2100 at another dock several miles away, also within the metropolitan area. Vessel 1 arrives and is boarded at 2022 and finished at 2100. At 2202, the officer boards vessel 2 (which had arrived at 2030) and finishes at 2300.

Rationale:

Multiple call out rule applies. Entitlements regarding vessel 1 are stated under APHIS Directive 402.3 (46.44 KB), Attachment 2, paragraph A.2. The 2-hour minimum starts when the officer reports for vessel 1 at 1730. Only ½ CTT is applicable to the officer since the ETA is within 61 minutes of the end of the TOD. Since vessel 2 was boarded at 2202, full CTT and an additional 2-hour minimum is applicable according to APHIS Directive 402.3 (46.44 KB), Attachment 3, paragraph G.2.b.

CALL OUT ASSIGNMENTS 
Inside Metropolitan Area - Workday
Continuous Servicewith Call Out

Example 15:

Officer works continuous overtime from 1630 - 1800. Second assignment is a vessel at 1820, ending at 1920.

Rationale:

The nature of the continuous service extends the TOD until 1800, entitling the officer to 1 ½ hours of overtime pay for that period and no CTT. See J. Frey/A. Finamore April 23, 1984 memorandum for clarification of this issue. Under this premise, even though there is a break in service after the continuous assignment, a 2-hour minimum and no CTT is applicable for vessel 2 since the ETA/ATA is less than 30 minutes after the end of the shift. See APHIS Directive 402.3 (46.44 KB), section V, paragraph G.1.; Attachment 2, paragraph A.2.; and C. Havens/G. Burgess October 12, 1989 memorandum.

Example 16:

Officer works continuous overtime from 1630 - 1800. The second assignment is a vessel with the ETA/ATA of 1830, ending at 1930.

Rationale:

The nature of the continuous service extends the TOD until 1800 entitling the officer to 1 ½ hours of overtime pay for that period and no CTT. See J. Frey/A. Finamore April 23, 1984 memorandum for clarification of this issue. Under this premise, vessel 2 has now arrived 30 minutes after the end of the TOD and is provided service at this time. In accordance with APHIS Directive 402.3 (46.44 KB), section V, paragraph G.1.c., and Attachment 2, paragraph A.2., the officer is entitled to ½ CTT and a 2-hour minimum.

Example 17:

On a workday, officer continues to work until 1700.

Same officer begins next assignment the next workday at 0700 and finishes assignment at 0815.

Rationale:

Multiple call out rule does not apply because the job the previous night was continuous service. To be eligible for the full CTT entitlement, the 2-hour minimum must be applicable as stated in APHIS Directive 402.3 (46.44 KB), Attachment 2, paragraph A.1., and the Note under Attachment 3, paragraph G., which states, "...commuted traveltime allowances are never payable if the 2-hour minimum guarantee is not applicable."

Example 18:

On a workday, officer works continuously until 1637. Next assignment ETA and ATA are at 1700 and assignment ends at 1800.

Rationale:

The continuous overtime assignment is governed by the 8-minute rule as stated in APHIS Directive 402.3 (46.44 KB), Attachment 3, paragraph F.1. The officer is therefore not eligible for any entitlements. For the additional overtime assignment, the officer is entitled to ½ CTT and the 2-hour minimum as stated in APHIS Directive 402.3 (46.44 KB), Attachment 2, paragraph A.2., because the additional assignment starts between 30-60 minutes after the end of the TOD.

Example 19:

On a workday, officer works continuously until 1640. Next aircraft ETA and ATA are at 1646 and end at 1715.

Rationale:

Even though the officer finished at 1640 he/she is paid until 1645 as mandated by the 8-minute rule in APHIS Directive 402.3 (46.44 KB), Attachment 3, paragraph F.1. The nature of the continuous service extends the TOD until 1645 entitling the officer to ¼ hour of continuous overtime pay for that period and no CTT. See J. Frey/A. Finamore April 23, 1984 memorandum for clarification of this issue. The additional assignment is now considered as a continuation of service since there was not a break of 2 minutes or more between jobs as required under APHIS Directive 402.3 (46.44 KB), Attachment 2, paragraph A.2. The October 12, 1989 memorandum from C. Havens also supports this position.

Example 20:

On a workday, officer works continuously until 1840. The ETA of the next aircraft is 1845. The ATA is 1842 and finishes at 2000.

Rationale:

Even though the officer finished at 1840, he/she is paid until 1845 as mandated by the 8-minute rule in APHIS Directive 402.3 (46.44 KB), Attachment 3, paragraph F.1. The nature of the continuous service extends the TOD until 1845 entitling the officer to 2 ¼ hours of continuous overtime pay for that period and no CTT. See J. Frey/A. Finamore April 23, 1984 memorandum for clarification of this issue. The next assignment entitles the employee to an additional 1 ¼ hours of overtime because it is now considered as a continuation of service since there was not a break of 2 minutes or more between jobs as required under APHIS Directive 402.3 (46.44 KB), Attachment 2, paragraph A.2. The October 12, 1989 memorandum from C. Havens also supports this position.

CALL OUT ASSIGNMENTS 
Outside Metropolitan Area - Non-workday
Multiple Assignments

Example 21:

An officer travels on a Saturday (non-workday) from his/her work station (a) to a work station in another work unit (b) to cover two aircraft arrivals. A 5-hour CTT is established when service is provided to (b) from (a). Area (a) has an established 2-hour CTT within the metropolitan area and Area (b) has a 3-hour CTT within the metropolitan area.

Rationale:

Multiple call out rule applies as stated in APHIS Directive 402.3 (46.44 KB), Attachment 3, paragraph G.2.a. The entitlement for CTT is stated in 7 CFR 354.2, and APHIS Directive 402.3 (46.44 KB), section V, paragraph G.2.a. The fact that the employee is in work station (b) after completion of the first assignment is not in itself disqualifying in terms of the CTT entitlement. CTT allowances are paid at the rate that has been established for service performed at a particular area. NOTE: In this instance, entitlement for A/C 1 is full CTT (5 hours) and entitlement for A/C 2 is ½ CTT (2.5 hours) since both airplanes are outside the metropolitan area.

Exception: As stated in 7 CFR 354, any inspection point to which an employee may be temporarily detailed is considered within the metropolitan area and is therefore accorded 1 hour of CTT.

Example 22:

An officer travels on a Saturday (non-workday) outside the metropolitan area for vessel 1; (Saturday 1000 - 1100); second vessel arrives at 1300 (at same dock).

Rationale:

Multiple call out rule applies as defined under APHIS Directive 402.3 (46.44 KB), Attachment 3, paragraph G.2.a. The entitlement for CTT is defined in 7 CFR 354.2, and APHIS Directive 402.3 (46.44 KB), section V, paragraph G.2.a. The fact that the employee is in work station (b) after completion of the first assignment is not in itself disqualifying in terms of the CTT entitlement. CTT allowances are paid at the rate that has been established for service performed at a particular area.

Exception: As stated in 7 CFR 354, any inspection point to which an employee may be temporarily detailed is considered within the metropolitan area and is therefore accorded 1 hour of CTT.

CALL OUT ASSIGNMENTS
Outside Metropolitan Area - Non Workday
Multiple Assignments, Multiple CTT Rates

Example 23:

Officer travels on a Saturday (non-workday) outside metropolitan area (3-hour CTT), works 1000 - 1100; then travels to another dock outside the metropolitan area with a 4-hour CTT. CTT for inside the metropolitan area for the work unit is 2 hours.

Rationale:

The multiple call out rule applies since there is a break in service and 2 hours or more between vessels ( APHIS Directive 402.3 (46.44 KB), Attachment 3, paragraph F.1.a. and paragraph G.2.a.). Vessel 2 will receive ½ CTT entitlement. The entitlement for CTT is defined in 7 CFR 354.2; APHIS Directive 402.3 (46.44 KB), section V, paragraph G.2; and Attachment 2, page 2, Footnote [a], and will be paid in accordance with the established rate where the work occurred.

CALL OUT ASSIGNMENTS
Outside Metropolitan Area - Workday
Work Begins or Ends within Tour of Duty

Example 24: 

The officer is performing work on a workday outside the metropolitan area. Officer completes work at 1615 and returns to duty station at 1845.

Rational:

Work is completed at 1615; no entitlement to overtime pay for return travel under Title 7, U.S. Code. CTT is only applicable when overtime or holiday work is performed as stated in APHIS Directive 402.3 (46.44 KB), Attachment 3, paragraph B.

The travel is, however, payable under Title 5 U.S. Code. Because the event necessitating the travel is administratively uncontrollable, any return travel time outside regular hours which is directed by the Agency is payable as overtime.

Example 25: 

The officer is performing work on a workday outside the metropolitan area. The officer is requested to report at 0800.

Rationale:

No entitlement to overtime pay under Title 7 U.S. Code. CTT is applicable only when overtime or holiday work is actually performed as per APHIS Directive 402.3 (46.44 KB), Attachment 3, paragraph B. The fact that the officer was requested outside his/her metropolitan area does not meet the requirements for Title 7 overtime pay unless work is performed outside the normal TOD. When no overtime is requested, travel to an assignment outside the metropolitan area normally will occur during the TOD.

*The travel is, however, payable under Title 5 U.S.Code as travel overtime. Because the event necessitating the travel is administratively uncontrollable, any travel time, outside regular hours to or from the temporary duty site, which is directed by the Agency is payable as overtime. The number of hours of overtime paid will depend on the amount of time traveled (i.e., if the officer traveled 2 hours to get to the temporary duty station, the amount of overtime to be paid is 2 hours).

CALL OUT ASSIGNMENTS
Outside Metropolitan Area - Workday
Work Begins within 59 Minutes Before or 29 Minutes After TOD

Example 26:

The officer is performing work on a workday outside the metropolitan area. Officer completes work at 1645 and returns to duty station at 1915.

Rationale:

One half CTT is applicable outside the metropolitan area when the 2-hour minimum does not apply and overtime is performed less than one hour after the TOD. See APHIS Directive 402.3 (46.44 KB), Attachment 2, paragraph B.2. Additionally, the officer is entitled to ¼ hour of overtime pay for the actual time work was performed.

Example 27:

The officer is performing work on a workday outside the metropolitan area. Officer begins work at 0745 and returns to duty station at 1115.

Rationale:

One half CTT is applicable outside the metropolitan area when the 2-hour minimum does not apply and overtime is performed less than 1 hour before the TOD. See APHIS Directive 402.3 (46.44 KB), Attachment 2, paragraph B.1. Additionally, the officer is entitled to ¼ hour of overtime pay for the actual time work was performed.

Example 28:

The officer is performing work on a workday outside the metropolitan area. Officer begins work at 0745, and returns to duty station at 1115. However, officer worked from 1800 - 2000 the previous night.

Rationale:

Multiple call out rule does not apply since the 0745 job begins less than 1 hour before the TOD as stated in APHIS Directive 402.3 (46.44 KB), Attachment 3, paragraph G.2. Note: The officer is entitled to ½ CTT and ¼ hour overtime pay as stated in APHIS Directive 402.3 (46.44 KB), Attachment 2, paragraph B.1., because the work performed before the TOD was outside the metropolitan area.

CALL OUT ASSIGNMENTS
Both Inside and Outside Metropolitan Area
Multiple Assignments - Non-workday

Example 29:

On a non-workday an officer has two vessel assignments. The first assignment is at 1000 inside the metropolitan area and the second assignment is at 1100 outside the metropolitan area. Officer completes vessel 1 at 1030 and vessel 2 at 1135.

Rationale:

Multiple call out rule does not apply since both vessels are completed within 2 hours of the ETA of vessel 1. Officer travels outside the metropolitan area and is therefore entitled to the CTT rate for travel outside the metropolitan area per 7 CFR 354.1 (a)(2) and 354.2.

CALL OUT ASSIGNMENTS
Both Inside and Outside Metropolitan Area 
Multiple Assignments - Workday

Example 30:

An officer reports to clear vessel 1 at 1730 as ordered. Vessel 1 has not arrived and a new ETA of 1915 is given by agent. The officer has a second assignment at 2100 at another dock 30 miles away outside the metropolitan area. Vessel 1 arrives and is boarded at 2022 and finished at 2100. At 2202 the officer boards vessel 2 (which had arrived at 2030) and finishes at 2300.

Rationale:

Multiple call out rule applies. Entitlements regarding vessel 1 are stated in APHIS Directive 402.3 (46.44 KB), Attachment 2, paragraph A.2. The 2-hour minimum starts when the officer reports for vessel 1 at 1730. Only ½ CTT is applicable since the ETA is within 61 minutes of the end of the TOD. Since vessel 2 was boarded at 2202, full CTT at the outside metropolitan area rate and an additional 2-hour minimum is applicable in accordance with APHIS Directive 402.3 (46.44 KB), Attachment 3, paragraph G.2.b., 7 CFR 354.1 (a)(2) and 354.2.

CALL OUT ASSIGNMENTS
Covering Separate Days
Multiple Assignments

Example 31:

The officer is performing work on a workday outside the metropolitan area. Officer begins work at 0745, and returns to duty station at 1115. However, officer worked from 1800 - 2000 the previous night.

Rationale:

Multiple call out rule does not apply since the 0745 job begins less than 1 hour before the TOD as stated in APHIS Directive 402.3 (46.44 KB), Attachment 3, paragraph G.2. Note: The officer is entitled to ½ CTT and ¼ hour overtime pay as stated in APHIS Directive 402.3 (46.44 KB), Attachment 2, paragraph B.1., because the work performed before the TOD was outside the metropolitan area.

Example 32:

Officer works overtime as follows:

Rationale:

The multiple call out rule applies as stated in APHIS Directive 402.3 (46.44 KB), Attachment 3, paragraph G.2.b. A break in service has occurred, 3 hours or more have elapsed since the beginning of the first assignment, and the second or subsequent assignment begin 60 minutes or more before the start of the TOD.

CALL OUT ASSIGNMENTS
Covering Separate Days
Continuous Service with Call Out

Example 33:

On a workday, officer continues to work until 1700.

Same officer begins next assignment the next workday at 0700 and finishes assignment at 0815.

Rationale:

Multiple call out rule does not apply because the job the previous night was continuous service. To be eligible for the full CTT entitlement, the 2-hour minimum must be applicable as stated in APHIS Directive 402.3 (46.44 KB), Attachment 2, paragraph A.1., and the Note under Attachment 3, paragraph G., which states, "...commuted traveltime allowances are never payable if the 2-hour minimum guarantee is not applicable."

CALL OUT ASSIGNMENTS
Assignments of Extended Duration

Example 34:

Officer begins cargo inspection at 1530 that is expected to last until 2300. Broker requests overtime service from 1630-2300. How would you provide relief, if any, in this situation?

Rationale:

In order that health, safety, and other factors impacting officers on long-term overtime assignments be addressed, the committee recommends that ports be encouraged to develop agreements/procedures to provide appropriate relief on a local level.

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