Standards and Procedures of the Office of Language Access: Section 7.00: Compensation of Per Diem Court Interpreters

Section 7.00 of the 2024 Standards and Procedures of the Office of Language Access

Compensation of Per Diem Court Interpreters6

7.01

Per diem court interpreters will be compensated only if they satisfy the requirements and expectations of these Standards and Procedures.

7.02

The Trial Court will determine the amount of compensation for per diem court interpreter assignments based on OLA Management research of comparable interpreter compensation data and budgetary considerations. To meet interpreter services demand, in extraordinary circumstances (See § 11.03), OLA Management has the discretion to retain out-of-state per diem court interpreters, compensate per diem court interpreters up to the Federal court rate and reimburse them for their travel expenses. OLA Management must seek approval from the Court Administrator or the Associate Court Administrator for compensation higher than the Federal court rate. Per diem interpreters who currently reside out of state but who performed interpreting services for the Trial Court as Massachusetts per diem interpreters for at least thirty-six (36) months immediately prior to relocating will be compensated at the same rates as in-state per diem interpreters.

7.03

The Trial Court will compensate per diem court interpreters for successfully completed and approved assignments. Compensation will be reduced for a late arrival at the discretion of OLA Management. Compensable interpreting assignments include court interpreter assignments and court events as defined in Sections 2.08 and 2.09 of these Standards and Procedures.

Sections 10.00 and 11.00 of these Standards and Proceduresset forth the approval procedures for completion of per diem court interpreter assignments and eligibility for compensation.

7.04

Mileage

The Trial Court will provide the approved mileage rate to per diem court interpreters. The mileage rate and calculation methods are established by the Trial Court and may change in its discretion.

Travel Time Pay

The Trial Court will pay travel time to per diem interpreters as permitted by its budget. The rate, calculation methods, and conditions under which it will be paid are established by the Trial Court and may change in its discretion.

7.05

Assignment Cancellation

If a per diem court interpreter has accepted a half-day or full-day assignment, and if such per diem court interpreter is notified of the cancellation of such assignment within twenty-four (24) hours of the scheduled start time, then such per diem court interpreter shall be paid as follows: for an assignment that was to occur on a single day, such per diem court interpreter shall be paid based on the length of the cancelled assignment (i.e., half-day or full-day); for an assignment that was to occur for two or more consecutive days, such per diem court interpreter shall be paid one (1) full-day rate.7

7.06

Hourly Rate/Lunch and Overtime

Compensable time does not include time worked during lunch or overtime work. Lunchtime work and overtime work compensation shall be calculated based on an hourly rate. Services provided between 1:00 PM and 2:00 PM are considered interpreting services during the lunch break. An interpreter is considered to have performed overtime interpreting services if interpreting services are provided after the completion of a full day assignment, i.e., after seven (7) hours excluding the lunch hour.

  • (A) For each per diem classification level, the hourly rate shall be calculated by dividing the per diem interpreter half-day rate for that classification level by four (4) hours. Where the hourly rate applies, compensation for one half hour shall be calculated by dividing the hourly rate by two.
  • (B) The hourly rate for lunchtime interpreting and overtime interpreting shall be paid in thirty (30) minute increments. If a per diem court interpreter works any period of time less than 30 minutes between 1:00 PM and 2:00 PM or after seven (7) hours, the per diem court interpreter shall be paid for one half hour. If a per diem interpreter works for any period of time beyond one-half hour (30 minutes) and up to one hour, the per diem court interpreter shall be paid for one (1) hour.

7.07

Interpretation in Two Languages

If a per diem court interpreter has accepted assignments to interpret in more than one language on the same day, and the per diem court interpreter is informed within 24 hours of the assignment start time that the assignment in the second language is canceled, the per diem court interpreter shall still be compensated at a rate 25% greater than the standard pay rate for that assignment, provided that the assigned per diem court interpreter remains available to interpret, unless released by OLA, should another assignment arise.

  1. Section 7 does not apply in its entirety to ASL and DHH interpreters, as OLA does not set compensation rates for these interpreters.
  2. The terms set forth in Sections 7.05, 7.06, and 7.07 are part of the settlement of MACI v. EOTC, Superior Court, Civil Action No. 1684CV00969 and must remain in effect for eight years from October 24, 2023.
     

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