NAC284.214. Compensation for being called back to work; compensation for person required to appear as witness.

     1. Except as otherwise provided in subsection 2, an employee must be paid 2 hours of call back pay at the rate of time and one-half of his or her normal rate of pay if his or her employer calls the employee back to work during his or her scheduled time off without having notified him or her before the completion of his or her last normal working day. For each additional hour that such an employee works after the 2 hours for which he or she is paid call back pay, the employee must be paid overtime at the rate of time and one-half of his or her normal rate of pay if he or she is eligible pursuant to NRS 284.180.

     2. Subsection 1 does not apply to any:

     (a) Employee who is called into work while on standby status.

     (b) Exempt classified employee or exempt unclassified employee.

     (c) Employee who works part-time or intermittently unless he or she has worked 8 hours in 1 calendar day.

     (d) Employee who performs duties pursuant to an understanding with the agency whereby the employee is given discretion as to performance of the duties and the duties are initiated by the action of the employee. In such a case, the employee receives compensation at the appropriate rate only for the actual time spent in the performance of those duties.

     (e) Employee who is not required to leave the premises where he or she is residing or located at the time of notification in order to respond to a call.

     (f) Employee who is called back to work if:

          (1) The work begins 1 hour or less before or after his or her scheduled work shift;

          (2) The time for beginning the work is set at the employee’s request; or

          (3) The work begins during the same 2-hour period previously paid for call back pay.

     3. An employee who is required to appear as a witness in court or at an administrative hearing:

     (a) During his or her regularly scheduled time off; and

     (b) Concerning a matter which relates directly to his or her job,

Ê must be paid 2 hours of call back pay at the rate of time and one-half of his or her normal rate of pay. For each additional hour after the 2 hours for which he or she is paid call back pay, the employee must be paid overtime at the rate of time and one-half of his or her normal rate of pay if he or she is eligible pursuant to NRS 284.180. If he or she receives a witness fee as well as this compensation, the employee shall remit the witness fee to the agency by which he or she is employed.

     [Personnel Div., Rule III § J, eff. 8-11-73]—(NAC A by Dep’t of Personnel, 12-13-83; 10-26-84; 9-17-87; 11-12-93; 3-23-94; 10-27-97; R147-01, 1-22-2002)