A. Regular Hours of Work.
1. Each appointing authority shall, within 60
days of the effective date of these rules, prepare and submit to the Director
of Human Resources for approval a schedule of the regular hours of work for
each class of position in each organizational unit under his/her
jurisdiction.
2. Such schedule
shall, insofar as operational necessities permit, establish a work week of no
less than 40 hours.
3. Where such
schedules establish a work week in excess of forty (40) hours for an employee
or employees in any class of positions not exempted on basis of non-standard or
professional, technical or administrative designation, the Director of Human
Resources shall consider the need for, and may authorize the compensation of
such employee or employees on an overtime basis. Such extended work weeks shall
be reported and justified as requested by the Director.
4. Upon the approval of work schedules by the
Director of Human Resources, the appointing authority shall post or otherwise
distribute to employees under his jurisdiction such schedules.
B. Overtime Provisions
1. The employment and work program of each
agency or organizational unit should be so arranged as to reduce to a minimum
the necessity for overtime work except under emergency conditions;
and
2. Each appointing authority
requiring or permitting work beyond the scheduled regular work week shall
prepare written regulations governing such overtime which shall include the
following:
a. Conditions under which
compensatory time off may be accrued, and used, including the policies to be
followed at the time an employee is separated from service; and
b. Conditions under which cash payment for
overtime is authorized; and
c.
Conditions under which neither compensatory time off nor overtime payment in
cash will be allowed.
3.
Such regulations governing overtime shall be effective when approved by the
Director of Human Resources and shall remain in effect until canceled in
writing by the appointing authority or the Director.
4. The appointing authority shall post or
distribute copies of regulations so approved in order to inform affected
employees.
5. Overtime work
required shall be reported and justified as requested by the Director of Human
Resources.
C. Overtime
Compensation Guidelines
1. Eligible employees
shall be compensated for authorized overtime by equal time off or by payment in
cash at the straight time rate.
2.
Compensation for overtime work shall be at rates which the Director of Human
Resources deems advisable and these rates shall be based on the regular rates
of pay provided in the salary plan.
3. Only such hours shall be compensated as
are worked in excess of a forty (40) hour work week.
4. No compensatory time off or cash payment
for overtime work ordered by the appointing authority or voluntarily performed
by an employee shall be allowed unless regulations are effective as provided
under Section 4B of this chapter.
5. Approved overtime accumulated in any
calendar year shall ordinarily be liquidated by compensatory time off or, if
such action is not practicable, by payment in cash, within six months after the
end of the calendar year, upon approval by the Director of Human Resources and
certification by the State Budget Officer that funds are available.
6. Employees who occupy professional,
technical, and administrative positions specified by the Director of Human
Resources shall not be eligible for overtime compensation.
7. Employees whose work week under normal
conditions of employment is irregular and who are compensated on the basis of a
"non-standard" work week, as specified by the Director of Human Resources and
identified in the Salary Schedule, shall not be eligible for credit and
granting of overtime compensation.
8. Complete records of overtime shall be
maintained by each department head and no additional overtime will he allowed
when accrual for time off purposes has reached eighty (80) hours, until such
accrual shall have been reduced by time off or by payment in cash.
9. No allowance of any kind shall he provided
for overtime work not authorized by the appointing authority or his properly
constituted representative.
NOTE: In 1974, the provisions of the Fair Labor Standards Act
(FLSA) governing the payment of time and one-half rate for overtime work were
extended to include state employees. The Supreme Court of the United States, in
1976, ruled this provision of the Act unconstitutional, and States were no
longer obligated to compensate overtime hours at the time and one-half rate.
The Personnel Board, however, ruled that it was in the best interest of the
State to retain FLSA definitions/provisions governing overtime hours and
continued the practice of paying time and one-half rates for overtime worked.
Thus, these provisions, including exemption determinations under FLSA (classes
ruled to meet definition of Executive, Administrative or Professional) remain
in effect together with these rules.
