[Code of Federal Regulations] [Title 44, Volume 1] [Revised as of October 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 44CFR208.39] [Page 517-518] 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 If the Sponsoring Agency or Sponsoring Agency Then the following Participating Agency * * * or 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 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. [[Page 518]] (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.