Chapter 21

 

Overtime and Overtime Compensation

 

21.1     Authority To Require Performance Of Overtime.

 

An employee in the classified service may be required by his appointing authority to work overtime.

 

21.2     Determination of exempt / non-exempt status of positions

 

Agencies shall determine the exempt or non-exempt status of all positions, in accordance with the Fair Labor Standards Act (FLSA).

 

21.3     Authority for compensation.

 

(a)    All non-exempt employees shall be compensated for overtime in accordance with the FLSA for overtime conditions that are covered by the FLSA, and shall be compensated in accordance with Civil Service rules for State Overtime, which is defined in Rule 21.7.

 

(b)   All exempt employees shall be compensated in accordance with Civil Service rules for State Overtime, which is defined in Rule 21.7.

 

21.4     Methods of compensation for overtime.   

 

(a)    Overtime compensation may be granted in the form of cash payment or compensatory leave earned; cash shall be paid when required under the FLSA or by these rules.

 

(b)   Employees who are employed on an intermittent schedule shall not earn compensatory leave, but shall be paid cash.  

 

21.5     Basis for the calculation of hourly rate of pay for overtime.

 

(a)    The hourly rate of pay for State Overtime earned at the hour-for-hour rate shall be calculated using the employee’s base pay plus base supplement. 

 

(b)   The hourly rate of pay for State Overtime earned at the time and one-half rate may be calculated in accordance with the FLSA or in accordance with subsection (a) of this rule.

 

(c)    The hourly rate of pay for all FLSA overtime shall be calculated in accordance with the FLSA.

 

21.6     Compensatory Leave – Crediting and Usage.     

 

(a)    Compensatory leave credited to an employee may be used by the employee, with the approval of the appointing authority.

 

(b)   An employee who has been credited with compensatory leave may be required, by the appointing authority, to take all or part of such leave at any time.

 

(c)    An agency may pay the balance of an employee's compensatory time at any time.  The rate of pay shall be calculated in accordance with Rule 21.5.  Payment is required under circumstances defined in Rule 21.10, 21.11 and 21.12.

 

21.7     Definition of State Overtime 

 

When an employee is not eligible for overtime under the provisions of the FLSA, State Overtime shall be granted as follows:

 

(a)    For purposes of calculating hours worked for STATE OVERTIME, a day off from work due to paid leave taken or a holiday observed is considered to be a day worked.

 

(b)   STATE OVERTIME is work performed by an employee at the direction of the appointing authority or his designee:   

 

1.      In excess of the employee’s regularly scheduled workday.

2.      In excess of the employee’s regularly scheduled work period.

3.      On a holiday, including designated holidays

4.      During official closures

 

21.8     Compensation Rate – Non-Exempt Employees.

 

(a)    All FLSA overtime shall be compensated at the time and one-half rate.

 

(b)   State Overtime shall be compensated at the straight (hour for hour) rate, unless an exception has been granted by the Commission, or unless the time and one-half rate is allowed under subsection (c) and (d) of this rule.   

 

(c)    State Overtime performed during official closures due to emergency situations may be compensated at the time and one-half rate.

 

(d)   State Overtime performed on a holiday may be compensated at the time and one-half rate.

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