[Code of Federal Regulations] [Title 44, Volume 1] [Revised as of October 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 44CFR208.39] [Page 533-534] TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY PART 208_NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM-- Table of Contents Subpart C_Response Cooperative Agreements 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 Sponsoring If the Sponsoring Agency or Agency or Then the following Participating Agency * * * Participating compensation costs Agency * * * are allowable: ------------------------------------------------------------------------ (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 time calculated under or other form of Sec. overtime 208.39(e)(3) of substitute to this part for Exempt System each Activated members. Exempt System Member 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 but compensatory time equivalent not overtime or other overtime calculated under substitute for Sec. Exempt System 208.39(e)(3) of Members for hours this part for worked above a each Activated predetermined Exempt System hours threshold Member for each (for example, the full or partial Sponsoring Agency day during customarily and Activation AND usually grants the dollar value compensatory time at the time of for all hours accrual of the worked above 60 in compensatory time a given week). or other overtime substitute for each Activated Exempt System Member based on the duration of the Activation. [[Page 534]] (iii) Customarily and usually Customarily and The daily compensates Exempt System usually calculates compensation Members by paying a salary and overtime for equivalent overtime, Exempt System calculated under Members by paying Sec. a predetermined 208.39(e)(3) of overtime payment this part for for each hour each Activated worked above a Exempt System predetermined Member for each hours threshold,. full or partial day during Activation AND the predetermined 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 time hourly wage of or other form of each Activated overtime Non-Exempt System substitute to Non- Member for the Exempt System first 40 hours members,. AND the overtime 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 time hourly wage under 29 U.S.C. 207(k), or other form of equivalent of overtime each Activated substitute to Non- Non-Exempt System Exempt System Member calculated Members,. under 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 Table, Activation, the 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 compensation rate according to Activated the Maximum Pay Rate Table, Affiliated Personnel for each full or 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.